^-ya^ -2^ INN^NIN^ r- HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Non-Applicants Misc Appeal 10 No.579 of 2009 Bhupendra Kumar Markandey, S/o. Pancham Markandey, aged about 20 years, r/o. village ~ Bhatagaon Poltee Station and Tahsil Batoda Bazar, Distt. Raipur(CG). VERSUS 1 Branch Manager, The New India Insurance Company Ud.. Civll Une Baloda Bazar, Distt. Raipur (CG). (Insurer ofvehtele No.CG-04/CJ/4864) 2 Jagdish Prasad, s/o. Amar Singh Yadav, aged about unknown, r/o. Sanjay Colony, Baloda Bazsr, Distt. Raipur (CG). (Owner of the vehicte No.CG- 04/CJ/4864). Miscellaneous Appeal under Section173 of Motor Vehicles Act Present : Shri P.K. Patel, counsel for the appellant. Shri A.K. Athaley, coun&el for respondent No.1. ORDER (11thJuly,»)11) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard. ^' :-:f ^ "w" ^' ^•niil^ 2) Shri A.K. Athaley, leamed counsel for respondent No.1 the New India Insurance Company Limjted, the insurer of the scooter which was being driven by the appellant/ claimant at the timeof the accident, placing reliance on the dictum of the Apex Court jn the case of Ningamma & Another Vs United India Insurance Co. Ltd., reported in AIR 2009 SC 3056 submitted that in fact theclaim petition filed by the appellant/ claimant under Section 163-A of the Motor Vehides Act was not maintainable and the appellant/ claimant may be directed to refund the amount of compensation awarded by the Tribunal to the appellant/ Insurance Company. 3) Shri P.K. Patel, learned counsel for the appellant, in view of the above preliminary objection of learned counsel for the Insurance Company, seeks permission to withdraw the appeal filed by the appellant/daimant for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Baloda Bazar, district Raipur vide award dated 16.07.2008 passed jn claim case No.256/2006. 4) Permission granted. 5) The appeal, therefore, is dismissed as withdrawn. Sd/- Chief Jusdce Sd/- R.N. Chandrakar Judge nimmt ^,,.