i3} HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI RANGNATH CHANDRAKAR, J. Misc.A eal C PR No.1556 of 2011 MM, 625x n Appellant Claimant Sayyad Shajid, S/o Sayyad Gani, aged about 25 years, R/o Near Ram Mandir, Tillu Chowk, Purani Basti, Raipur, Tahsil & District -— Raipur (CG) VERsus Raja Bhaiya Nishad, S/o Jogilal Nishad, aged about 25 years, Occupation — Vehicle Driver, R/o Village — Badosa, Police Station — Banda, District — Banda (UP) (Driver of vehicle Truck bearing registration No.CG—1 0A/9395) Smt Suchi Malhotra, W/o Subeer Malhotra, aged about 45 years, R/o through Subeer Malhotra Slo JS Malhotra, Rio Shanti Nagar, Ameri Road, Police Station — Civil Line, Tahsil & District — Bilaspur (CG) (Registered "owner of vehicle Truck bearing 2 registration No.CG- 10A/9395) The New India Insurance Company Limited, Branch — Bilaspur, through Divisional Manager, Divisional Office, Kutchery Chowk, Raipur, Tahsil & District — Raipijr‘(CG) (insurer of vehicle Truck bearing‘ registration No.CG—1 0A/9395) Respondents Non—applicants Present: Shri Dharmesh Shrivastava, counselforthe appellant. Apgeal under Section 173 of the Motor Vehicle Act, 1988 (é ORDER (17th June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Dharmesh Shrivastava, Iearned counsel for the appellant, in view of the fact that the appellant is not responding to his communication for making his affidavit available in support of the application for condonation of the delay in tiling the appeal, seeks permission to withdraw the appeal filed by the appellant/ claimant for enhancement of the compensation awarded by the 9th Additional Motor Accident Claims Tribunal, Raipur, vide award dated 20.01.2010, passed in Claim Case No.200/2009, with the liberty of filing another appeal for enhancement of the compensation as and when the affidavit is made available by the appellant. 2) Permission granted. 3) With the above liberty, the eappeal is dismissed as withdrawn. 4) Registry is directed to return certified copy of the impugned award to Iearned counsel for the appellant immediately. Certified copy of the order as per rules. v subbu Sd/- ’ . Sd/- V Chief Justice ‘ l ILN.(}HUWDRAKAR, Judge l