\^ HIGH COURT OFCHHATTISGARH AT BILASPUR DIVISION BENCH CORABfl: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDFtAKAR, J. Misc. Appeal (0 (PR) No. 2335 of 2011 H^CL) voV3 ^ IV Appellants 1 Smt Shital Sinha, w/o late Narendra Claimants Sinha,agedabout21years 2 Khoman Sinha (Minor), s/o late Narendra Sinha, aged about 04 months 3 Thanwarin Bai Sinha, w/o Punitram Sinha, agedabout 46 years 4 Punit Sinha, s/o Valduram Sinha, aged about 50 years (Appellant No.2 being minor on behalfof through his legal guardian mother appellant No.1 Smt Shital Sinha W/o LateNarendra Sinha) All r/o Village - Roba, Post - Fingeswar, Tahsil - Rajim, District - Raipur(CG) Respondents Non-claimants VERSUS Santuram Nagesh, s/o Nand Kumar Nagesh, aged aboyt 24 years, r/o village Kansidhi, Police Station - Chura, District Raipur(CG) (Driverof vehicle Pickup Max bearing registration NO.CG/04/JB/5667) Jailal Yadu, s/o Baishaku Ram Yadu, r/oVillage & Post - Kansindhi, Police Station Chura District Raipur (CG) (Registered owner of vehicle Pickup Max bearing registration NO.CG/04/JB/5667) ( MAC.(PR) No. 2335 of 2011 \ The Branch Manager, Iffco - Tokio General Insurance Company Limited through Divisional Manager, 3rd floor, 345-347 Lalganga Shopping Mall, GE Road, Raipur, Tahsil & District - Raipur (CG) (Insurer of vehicle Pickup Max bearing registration No. CG/ 04/ JB/ 5667) Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri Shivendu Pandya, counsel for the appellant. ORDER (23"ISeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shivendu Pandya, learned counsel for the appellants, in view of the fact that the appellants are not responding to his communication for sendingthe affidavit to be filed in support of the application for condonation of delay in filing the appeal^seeks permission to withdraw the appeal filed by the appellant/ claimant for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Gariyabandh;|adistrict Raipur, vide award dated 21.10.2010, passed in Clgjp CaseNo.49/2010 with the liberty of fiting another appeal for enfcancement of the compensation as and when the affidavit to beifiled in support of the application for condonation of the delay is made available by the appellants. . 2) Permission granted. j.UZiUUC'Ca.S^I^^LELnTTTTj^ET'rCLQ^LTlLTT T-tTT t.nnTTn '•^SWf.-'1: ^ M.A.C.(PR)No. 2335 of 2011 3) With the above liberty, the appeal is dismissed as withdrawn. 4) Registry is directed to return certified copy of the impugned award to learned counsel for theappellants immediately. Certified copy of the orderas per rules. Sd/- GhiefJustice sj_ Sd/- u; R.N.Chandrakar Judge