sts^^ss IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL FC] N0.<7^- /30e&y^^ KPPELLANTS CLAIMANTS te^-. ,.r 1., Saraswati Bai wd/o Baishakhu, aged about 36 years. ^•'^^j^ ;.•""' Aif^ ..'^ ,;..>^.5-? ^ Anuj Kumar s/o late Baishakhu, aged about 19 years, RfeSPONDENTS y Ku. Santoshi D/o late Baishakhu, aged about 12 years. Dinesh Kumar S/o Baishakhu, aged about 10 years. 5. Teej Kunwar wd/o Mangalu Ram, aged about 56 years, Appellant No. 3 Ss 4 are minor through mother Sarasawti Bai wd/o Baishakhu, All R/o village - Bandhakhar, Tah.- Pali, District Korba, at present residing at Navagaon (Tendubhatha), Tahsil- Kota, District Bilaspur (C.G.) '"^' VERSUS Abdul Gaffar s/o Abdul Gani, aged about 28 years. R/o Vinoba Nagar, Talapara, Bilaspur (C.G.) (OWNER/BXPARTE) ../' 2. Shamsher s/o Shafik, aged about 27 years, R/o behind the Dr. Madhu Mishra, Vinoba Nagar, Bilaspur (C.G.) (DRIVER/EXPARTE) 3. The New India Insurance Company Limited, through - Branch Manager, Divisional Office, Transport Nagar, Korba (C.G.) (INSURANCE COMPANY) MISC. APPEAL UNDER SECTLON 173 OF THE MOTOR VEHICLE ACT, Q^^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, CJ. HON'BLE SHRI T.P. SHARMA. J. APPELLANTS Ctaimants RESPONDENTS M.A. C. No. 287/2009 1 Saraswati Bai Wd /o Balshakhu, aged about 36 years 2 Anuj Kumar S/o late Baishakhu, agedabout19years 3 Ku Santoshi D/o late Baishakhu, aged about 12 years 4 Dinesh Kumar S/o Baishakhu, agedaboutlOyears 5 Teej Kunwar Wd / Mangalu Ram, aged about 56 years, Appellant No.3 & 4 are minor through mother Saraswati Bai wd/o Baishakhu All R/o village - Bandhakhar, Tah Pali, District Korba, at present residing at Navagaon (Tendubhatha), Tahsil - Kota, District Bilaspur (CG) Versus 1. Abdul Gaffar s/o Abdut Gani, aged about 28 years, R/o Vinoba Nagar, Talapara, Bilaspur (CG) OWNER/EXPARTE 2. Shamsher S/o Shafik, aged about 27 years, R/o behind the Dr Madhu Mishra, Vinoba Nagar, Bilaspur (CG) DR1VER/EXPARTE 3. The New India Insurance Company Limited, through- Branch Manager, Divisional Office, Transport Nagar, Korba (CG)(INSURANCE COMPANY) ^ IVIisc Appeal Under Section 173 ofthe MotorVehicles Act. 1988 Present: Shri Ravish Verma, learned counsel for the appellants. ORDER (18th March, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Ravish Verma, learned counsel for the appellants seeks permission to withdraw the appeal filed by the appellants for enhancement of the compensation awarded by 9 Additional Motor Accident Claims Tribunal, Bilaspur vide award dated 14.08.2008, passed in Claim Case No.34/2008, with the liberty of filing a cross-objection for enhancement of the compensation in the appeal of the insurer of the offending vehicle. 2). Permission granted. 3). With the above liberty, the appeal is dismissed as withdrawn. Sd/- ChiefJustice Subbu Sd/- T.P. Sharma Judge