,^'w^ ^^^ "T^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents MiscADpeal (Cl No. 512 of 2009 Govind Ram Sahu, aged about 30 years S/o Keju Ram Sahu, R/o Mathpuraina Raipur (C.G.) VERSUS 1 Kejuram Sahu aged about 52 years R/o Village Charoda, Police Station Rajim, Distrtet Raipur (C.G.) Auto No. C.G.04T-1/290 ofowner 2 The New India Insurance Company Limited, Madina Building Jail Road Raipur (C.G.) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri S.K. Guha, counsel for the appellant. Shri Pankaj Agrawal, counsel for respondent No.2.. ORDER (14th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri PankajAgrawal, learned counsel for respondent No.2 the New India Insurance Company Limited, the insurer of Auto-rickshaw, referring to the contents of the First Information Report, lodged by respondent No.1 Kejuram Sahu, the owner of "v;^ ^•^^^ ^ the Auto-rickshaw, submits that as claimant Govind Ram Sahu is the son of the owner of Auto-rickshaw and was not his paid driver, the claim petition flled under Section 163-A of the Motor Vehicles Act, in view of the dictum of the Apex Court in the case of Ningamma and another vs. United India Insurance Company Limited, reported in AIR 2009SC-3056, was not maintatnable. 2) Shri S.K. Guha, learned counsel for the appellanV claimant, in view of the above submission of learned counsel for respondent No.2, seeks permission to withdraw the appeal filed by the appellanV claimant for enhancement of the compensation awarded by the 11th Additional Motor Accident Claims Tribunal, Raipur, vide award dated 28.11.2008, passed in Claim Case No.75/2007. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu