BBR* HIGHCOURT OF GHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHR! SUNIL KUMARSINHA, J. M.A.No.1104of2005 Appellants 1 Sushila Widow of Suresh, aged about Claimants 27years 2 Babita Dfo Suresh Aged about 06 years 3 Rahul, S/o Suresh, Aged about 4 % years 4 Akash,.S/o Suresh, aged about 2 % years 5 Kunjal Ram, S/o Lavkan, Aged about 55 years 6 Lakhpat, W/o Kunjal Ram, Aged about 53years Appellant Np.2 to 4 are minors through .. ^<3yardJa^Noitfier(Appeflant No.1) All are resident of village ^Agastpur, P5 &'fahsi1 Surajpur, Distrfct Surguja (CG). VERSUS 1 BhaiyalaLS/o Gondal, <akged ab&ut ! years, R/o Village Buddr, P.S. Patna, Tahsii Baikunthpur, Distt. Koriya (C.^3.). (Owner & Driver) 2. United India lnsuran.ee Company Limited, Through Branch Manager, Branch Qffice- Near | Ram Mandir, ; ' Ambikapur, District Surgilija (C.G.). -» ^ —-». (Insurer) 1 Misc. Aboeal under Section 173 ofthe MotorVehicles Act. Respondents Non-applicants Present: Shri Ashok Kumar Shukla, learnecp counsel appellants. Shri P.P.-Yadav, learnecl eounsel for| Shri Dashrath Gupta, ieamed coun^el for respondent 3.2.- !: " • " : :- for the respondent No.1, ^j^^^I^^^Si^^^l^^iii^^^^^^B^^l^^^^te^l^^^^^^^^^^iyl ORDER ith (20tnAugust,2009) The following' order of the Court was passed by Rajeev Gupta, C.J. • Shri Ashok Kumar Shukla, learned counse! forthe appellants seeks permission to withdrawthe appeal filed by the appellants/ claimants for enhanceme.nt of the compensation awarded by Second Additional Mofor Accident Claims Tribunal, Surajpur, District Surguja, vide award dated 30.04.2005, passed in Claim Case No.40/2003, With the liberty of filing cross-objections for enhancement of the compensation in the appeal of the insurer/owner otthe offending vehicie. 2) Permission granted. 3) With the above Ijberty, fhe appgal is dismjssedas wifhdrawn. 4) Consequently,M.Ci;P.No.133372005 alsostandsdismissed aswithdrawn. SdA 1 < Chief Jiisrice Sd<- ; Sunil KumarSinha 1 Judge J"'" subbu m ^-•-t- \'.";r sa^^^iBfc!