DiVSSJQNBENCH RAJEEV ©UPTA,C.J. HON'BLE SUNIL KUMAR SiNHA, J. ADpeliants Ciajmants Respondents Mlsc. ADpeaI 1 Smt Rekha, Wd/o Rohit Lal Aged about 26 ysars 2 lllyaz, S/o Rohit Lal Aged about 4 yrs 3 iiiswa, S/o Rohit Lai Aged about 6 years 4 PannalaS, S/o Mangai Chand, Aged about 50 years (Now dead) 5 Indubala, W/o Pannaial, Aged about 48 y'ears on behaif of appeiiants No.2 and 3 as lega! representative mother Smt Rekha, Wd/o Rohit La!, Aif R/o Ganeshput, PO Vishrampur, Dlstt Raipur (CG), Present Address Vlliage, Post a PS Uria, Dlstt Raipur (CG) 1 Parasram, S/o Laxman Rekwar C/o Sardar Bhupendra Singh, S/o Motisingh, R/o AKT Co/324, Bhenwar Kunba Road, indors, Tah & Distt indore MP (Driver of Truck No.MP 09-D/7489) 2 Sardar Bhupendra Singh, S/o Motislngh, R/o AKT Company 324, Bhenwar Kunba Raod, Indore, Tah & Djstt indore (MP) (Owner of Truck' No.MP 09-D/7489) 3 The Oriental insurance Co.Ltd., Through Dlvlsiona! IVIanager, Divislon No.1, The Orientai Insurance Co.Ltd., Jail Road, Raipur (CG)(insurer of Truck No.MP 09-D/7489) Mlsc. Apoeal under Section 173 of the Vehicles Act --^) Present : Shri SC Verma, counsel for the appeiianfs. (19th August, 2008) The foiiowina order of the Court was passed by Rajeev Gupta, C.J. Shri SC Verma, iearned counsel for the appeiiants, in ,view of the fact that the claim petition was filed under Section 163-A of the Motor Vehicles Act and the Tribunai has assessed the compensation on the basls of Income of the deceased at Rs.3,500/- per month and Rs.42,000/- per annum, which is more than the sum of Rs.40,000/- prescribed under Section 163-A ofthe Motor Vehicles Act, permission to withdraw the appeai filed by the appeliants for enhanoement of the compensation awarded by th.e 5 Additional Motor Ac-cident Ciaims Tribunal, Raipur, vide award dated 07.05.2005, passed in Claim Case No.98/2004. 2) Permission granted. 3) The appeal, therefore, is dismissed as withdrawn. 4) Consequently, MCP No.1263/2006 also stands dismissed as withdrawn. Sd/- Sunil Kumar Sinha Sd/- Jud9e Chief Justice padma