HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATHCHANDRAKAR, J. Misc. Appeal (0 No. 750 of 2011 Appellants •-y Respondents 1 Rajnarayan Singh, s/o Late hlarihar Singh, aged about 73 years 2 Minakshi Singh, d/o late Manoj Kumar Singh, aged about 18 years 3 Mayank Pratap Singh, S/o late Manoj Kumar Singh, aged about 12 years Respondent No.3 being minor represented through Grand Father respondent No:1 All r/o 2-A/92, Officer Colony, SECL Bisrampur, District Surguja (Chhattisgarh) Claimants VERSUS News India Assurance Company Limited, Branch Office, Benajhawar Road, Kanpur (UP) ... Insurer of Truck NO.UP-78/B-2060 Smt Sudarshan Bhatia, w/o Jeet Kumar Bhatia, aged about 55 years, r/o 109/367, RK Nagar, GT Nagar, Kanpur UP ... Owner of Truck NO.UP-78/B-2060 Ramashraya Yadav, s/o Sukhlal Yadav, aged about 50 years, through Smt Sudarshan Bhatia, r/o 109/367, RK Nagar, GT Nagar, Kanpur (UP) ... Driver of Truck No.UP-78/ B-2060 IFFCO Tokio General Insurance Company. L'mitsd, Iv & V Floor, // ^:'%. [^sa<| '^^<^ MACNo. 750 of 2011 IFFCO Tower, Plot No.3. Sector -29, Gudgaon (Haryana) ...... Insurer of CarNo.CG-15/1374 Memo of appeal under Section 173 of Motor Vehicle Act Present: Dr NK Shukla, Senior Counsel with Shri Ashish Surana, counsel for the appellants. ORDER rth (07InSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Dr. N.K. Shukla, learned Senior counsel for the appellants, in view of the fact that respondent No.1 New India Assurance Company Limited, the insurer of the offending vehicle Truck has also filed an appeal. against the impugned award (M.A.C. No.624/2011) seeks permission to withdraw the appeal filed by the appellants/ claimants for enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Surajpur, district Sarguja, vide award dated 08.03.2011, passed in Claim Case No.49/2009 with the liberty of filing cross- objections for enhancement of the compensation in the appeal of the insurer/insurers of the two vehicles. 2) Permission granted. 3) With the above liberty, the appeal is dismissed as withdrawn. Certified copy of the order as per rules. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge o 'D