^.-^ <7,0 HIGH COURT OF CHHATTISGARH AT BILASPUR DSVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Misc. ADpeat (Cl No. 1175 of 2007 ApDeIIants Cteimants No. 1 & 2 Smt. Kanti Reddy w/o late M. Shrinath Reddy aged about 40 years. Hari Reddy s/o tate M. Shrinath Reddy aged about 10 years through iegal representative of mother appeliant No.1. Both the resident of in front of way of income Tax (Commissioner) Offlce, Bhartiya Nagar, Bilaspur, Tahsit and District Bifaspur C.G. Respondents Non-appljcants VERSUS Sangem Ekka s/o late Simon Ekka aged about 52 years r/o in front of w'ay of income Tax (Commissioner) Office, Bhartiya Nagar, Bilaspur, Tahsii and District Bilaspur C.G. Owner Branch Manager, the New india Insurance Co. Ltd., Divisional Office, Transport Nagar, Kobra, D.0. (450 900) Tahsil and District Korba C.G. Insurer 3. Smt. M. Parvati wife of M.C. Reddy, aged about 60 years. 4. Mahesh Reddy son of IVI.C. Reddy, aged about 32 years. Both are resident of in front of income Tax (Commissioner) Office, Bhartiya Nagar, Bilaspur, Tahsil and District Bilaspur C.G. NisceElaneous appeais under Section 173 ofthe. SVjotorVehJdesAct '/.//^' / 1 fc..<-s£^\ / 1 J ^^/ ''•^'^ ^jy :-^-.—;s^:^' ->) Present : Shri Bharat Rajput, counsel forthe appellants. Shri Sourabh Sharma, counsel for respondent No.2. ORDER (11th IVIay, 2011) The fotlowing order of the Court was passed by Rajeev Gupta, CJ. Shri Sourabh Sharma, fearned counsel for respondent No.2 has raised a preliminary objection about the maintainability of the ciaim petition under Section 1 63-A of the Motor Vehicies Act on the ground that the daimants themselves pleaded income of the deceased at Rs.75,000/- per annum whlch is more than Rs.40,000/- per annum, whsch is the upper cap under Section 163-A ofthe Motor Vehicies Act. 2) Shri Bharat Rajput, learned counsel for the appellants, in view of t'ne above preiiminary objection, seeks permission to withdraw the appea! filed by the appellants/cjaimants for enhancement of the compensation awarded by the 9th Additional iViotor Accident Ciaims Tribuna!, Bilaspur vide award dated 17.07.2007 passed in Claim Case No.29/2006. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. 5) Shri Sourabh Sharma, learned counsei for respondent No.2 the New india Insurance Company Limited, in view of the fact that the appeal has been dismissed as withdrawn, seeks permission to withdraw the cross-objections fiied on behalf of respondent No.2. '^-. ;% V; y- •^^ 6) Permission granted. 7) The cross-objections, therefore, are also dismissed as withdrawn. No order as to costs. nimmi Sd/- Chief Justice Sd/- N.K. Agarwal Judge ^—^\-':-^^T- ^^-y SBSCT