(3) HIGH COURT OF CHHATriSGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellants Claimants Nrf> Respondents Non-applicants Misc. Appeal tC\ No. 934/2007 1. Chandrapal S/o Suryabhavan Aged -30 years 2. Smt. Itwara Bai w/o Sri Chandra Pal Aged about 28 years, Both R/o Vill. Jenjra, Tah. Katghora District - Korba (C.G.) Versus 1. Dhripal, Aged 27 years, S/o Sri Suryabhavan Choihan, R/o Vill. Jenjara, Tah. Katghora, District Korba (C.G.) DRIVER 2. Lalji Aged - 70 years, s/o Sri ShakhaRam, R/o Vill. - Mungadih, Tah. Katghora, District Korba (C.G.) VEHICLE OWNER 3. New India Insurance Company Ltd. Through - Divislonal Manager, Divisional Office-Meenu Complex, Korba, Tah. & Distt. Korba. C.G. INSURANCE CO. Misc. Appeal U/S 173 of Motor Vehicle Act. Present: Shri Rajkumar Gupta, learned counsel on behalf of Shri Ravish Verma, learned counsel for the appellants. Shri Sudhir Agrawal, learned counsel for respondent No. 3. ORDER (Pas^sed on 07 February, 2008) Shri Sudhir Agrawal, learned counsel for respondent No. 3 has raised a preliminary objection about the majntainability of the appeal in view ofthe award passed by the High Court LokAdalat in the earlier appeal filed by the appellants/clalmants which was registered as M.A. No. 288/2006. 2. Shri Rajkumar Gupta, learned counsel for the appellants, in view of the above fact, which according to learned counsel was not disclosed to him by the appellants, seeks permission to withdraw the appeal. 3. Permission granted. 4. The appeal, therefore, is dismissed as withdrawn. 5. I.A. No. 2 (cross objection filed by respondent No.3) aiso stands_d!sposed of. I Sd/- Qiief Justice Sd/- Sunil Kumar Sinha Judge '^n^^