HIGH COURT OF CHHATTISGARH AT B1LASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc. Appeal (0 PR No. 1901 of 2010 rikc s^Iaot-v Appellants 1. Smt. Jaitrin Bai Singh, W/o Late Dahar Claimants Singh, aged about 28 years, Caste Bhujiya, Occupation Housewife, 2 Maniram Singh, S/o Late Dahar Singh, aged about 09 years, 3. Ku. Urmila Singh, D/o Late Dahar Singh, aged about 07 years, [Appellant No. 2 & 3 being minor on behalf of through their legal guardian mother appellant No.1 Smt. Jaitrin Bai Singh W/o Late Dahar Singh] 4. Smt. Dayabati, W/o Late Sonu Bhujiya, aged about 74 years, All R/o Village Koten, Police Station - Patorabandh, Tahsil & District - Nuwapada (Orissa) VERSUS Respondents Non-claimants Khailawan Soni S/o Shri Ramanlal Song, aged about 43 years, Occupation - Driver, R/o - Imlibhata, Ward No.2, Mahasamund, Po!ice Station, Tahsil & District Mahasamund (CG) [Driver of vehicle Maruti Van bearing registration No.CG/07/3705] Kundan Kumar Ghodeshwar (wrongly mentioned as Ghadesawar) S/o Shri Bhaskar Rao Ghodeshwar, R/o Clubpara, Mahasamund, Police Station, Tahsil & District Mahasamund (CG) [Registered owner of vehicle Maruti Van bearing reaistration ..-&. ^-^:^'.s;..-' -^^-^•/•.t-,'- ^ No.CG/07/3705] 3. The Branch Manager, the New India insurance Company Limited, through Branch Manager, Branch Office, 2" Floor R.D.A. Building, Raipur, Tahsil & District - Raipur (CG) [Insurer of vehicle IVIaruti Van bearing registration No.CG/07/3705] IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Dharmesh Shrivastava, counsel for the appellants. ORDER (28th April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Dharmesh Shrivastava, learned counsel for the appetlants, in view of the fact that the appellants are not responding to his repeated communication for sending affidavit in supportof the application for condonation of the delay in filing the appeal, seeks permission to withdraw the appeal fiied by the appellants/ claimants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund vide award dated 23.02.2010, passed in Claim Case No. 193/2009 with the liberty of filing another appeal for enhancement of the compensation as and when an affidavit in support ofthe application for condonation of the delay is made available by the appellants. 2) Permission granted. 3) With the above liberty, the appeal is dismissed as wlthdrawn. r 'I'K -^ % s 4) Registry is directed to return the certified copy of the impugned award to learned counsel for the appellants immediately. Certified copy of the order as per rules. Sd/- Chief Justice Sd/- .. R.N. Chandrakar Judge ^ nimmi ';