IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT . /^ BILASPUR fCHHATTISGARH) . M.A. (C} No. 1^1 r^ Of20( '**«••-<:.. ^•^ APPELLANT )N-APPLICANT ^1 ^•^^ ^''s^ t RESPONDENTS T ^Hnited India Insurance Company Ltd. Through Branch Manager, Office Saral Villa, Chakradhar Nagar Chowk, Raigarh (Chhattisgarh). VERSUS :-1, Smt. Chandrika Bai, widow ofLate Gulabram Chouhan, aged 34 years, Occupation House Wife, 2^Ku. Gurbari, daughter of Late Gulabram Chouhan, aged 13 years, minor through her mother Smt. Chandrika Bai, Both resident of Village Chikhali, Post Madhavpali, Tahsil Sarangarh, District Raigarh (Chhattisgarh). CLAIMANTS APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT. HJGH COURT OP CHHATTISGARH, BILASPim APPBLLANT: RJE8PONDBWTS: DB: Hon*ble I. M. QUDDUSI & Hoa'ble G. MINHAJUDDIN, JJ M. A(C|. No.721 /2009 United India Insuraiice Comipaay Ltd 'Vs. Sint. Chaadnka Bai and anofher MISC.APPBALUIIDBRSBCTIQNlTSp^^ ACT.1988 Appearaace: Mr, Pankaj Agi-awal, counsel for fhe appeUant. Mr, Roop Naik, counsel for the r^spondents. Per I.M. OUDDUSI. J. ORAL ORDBR (17.10.2011) I.A.No.8 has been fUed for restoration of cross-objection filed by the respondents, which has been dismissed for non~ prosecution. There is delay ia filing fhe said application. Considermg the facts aad circumstances, we condone the delay m filiag fhe application aad restore the cross-appeal/objection. Accordiagly, I.A.No.8 is aUowed. This appeal has been filed by the Insuraace Company agaiast fhe impugned award dated 31st October, 2008 passed by fhe Addl, Motor Accidents Clauas Tribunal, Saraagarh, Dist. Raigarh (C.G) in Claim Case No. 13/2007. In view of flie Circular No.IRDA/NL/CIR/ FfisU/ 073/11/ 2009 dt. 16.11.2009 issued by IRDA wherein it is confinned that insured's liabiUty ia respect of occupaat carded m a Private Car -"^ .tf ^. aad PiUion Rider carried on two-wheeler is covered under fhe Standard Motor Pack^e PoUcy, learaed counsel for fhe appeUaiit prays for wifhdrawal of this appeal wifh Uberty to file separate appeal, Therefore, tfais appeal is disiidssed as wifhdrawn wifh fhe Uberty aforesaid. However, cross objections j51ed by fhe claimaats is also liable to be and is hereby dismissed with Uberty to the claimaats to file a separate appeal for enhanceiaent of ainount of cooipensation. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Rao '^