B"W HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (0 No. 209 of 2006 Appellants Claimants Respondents 1. Smt. Usha Pandey, w/o late Vijay Kumar Pandey, aged about 32 years, 2. Ku. Anjli Pandey, d/o late Vijay Kumar Pandey, aged about 11 years, 3. Ku. Apurva Fandey, d/o late Vijay Kumar Pandey, aged about 7 years, 4. Ku. Asma Pandey, d/o late Vijay Kumar Pandey, aged about 4 years, 5. Heera Babu Pandey, s/o late Ramchandra Pandey, aged about 65 years. Appellant No. 2, 3 and 4 are minor natural guardian mother Smt. Usha Pandey appellant No.1. All R/o. M.I.G. 550, New Borsi Durg, District Durg C.G. VERSUS 1. SarjeetSingh, s/o Kamal Singh aged about 35 years, r/o C/o Samintar Singh, M.L. 52/4/Sector 8, Merul Nevi, distt. Thane Mumbai (Maharashtra) (Driver) 2. Saminder Singh, s/o Kartar Singh r/o M.L. 52/4/Sector 8, Merul Nevi, distt. Thane Mumbai (Maharashtra) (Owner) 3. Manager, New India Insurance Company Ltd. Regional Office - 1, Mumbai (Maharashtra) ..''''sA. ""^ s %'.&^ 1 !y'. "^^&^"' Memo of appeal under Section 173 of the hflotor Vehicles Act Present: Shri Jitendra Gupta, counsel for the appellants. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER (23rd June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Jitendra Gupta, learned counsel for the appellants, in view of the cross-objections filed on behalf of respondent No.3 the New India Insurance Company Limited, the insurer of the other offending vehicle Truck, wherein the maintainability of the claim petition under Section 166 of the Motor Vehicles Act without examination of the eyewitness has been challenged, seeks permission to withdraw the appeal filed by the appellants for enhancement of the compensation awarded by the 11 Additional Motor Accident Claims Tribunal, Durg, vide award dated 10.04.2006, passed in Claim Case No.98/2005. 2) Permission granted. , 3) The appeal, therefore, is dismissed as withdrawn. 4) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3 - New India Insurance Company Limited, in view of the fact that the appeal has been dismissed as withdrawn, seek permission to withdraw the cross-objections filed on behalf of respondent No.3. 5) Permission granted. f3k 6) The cross-objections filed on behalf of respondent No.3 are also, therefore, dismissed as withdrawn. Certified copy of the orderas perrules. _- _ subbu Sd/- Chief Justice SdA N.K. Agrawal Judge