M HIGH COURT OF CHHATTI$GARH AT BILA$PUR DIVISION BENCH CORAIVI: HON§BLE SHRI RAJEEV GUPTA, C.J. HON‘BLE SHRI PRA$HANT KUMAR MISHRA, J. MA Nomi of 2004 AppellantsiCiaimants 1 DB Goswami S/o Gopi Ban Goswami, Applicants aged about 50 years 2 Smt' Parwati Goswami W/o DB , Goswami, aged about 44 years Both R/o New Khurshipara Bhiiai 12, Near Mange! Bhavan, Tahsi! and District Durg (CG) VERSUS Respondents 1 Basant Kumar Slo Kanéhiram Halaba, Non-Appiicants aged about 42 years, Rm Borgahan PS Arjunda, District Durg (CG) Driver of Vehicle No.MP-24 C 2630 Forma! Party I Ex-garte in trial 2 The Oriental lnsurance Co. Ltd., Branch Daxln Gangotrl, Supela, District Durg Aggeal under Section 173 of ' Motor Vehicle Act 1988 Present : Shri AmiyakantlTiwari, counsel for the appellants. None for the respondents though served. ORDER (15th April, 2910) The following order of the Court was passed by Rajeev Gupta, C.J. The appellants/claimants have filed this appeal for enhancement of the 'compensation awarded by the Second i Additional Motor Accident Claims Tribunal, Durg, vide award dated 25.02.2004, paésed in ciaim case No.83/1999, whereby a sum of Rs.1,36,000/— was awarded to the ciaimants as compensation for the death of their son Rajesh Goswami in the motor accident on 09.03.1999. 2) The impugned award dated 25.02.2004 was the subject ' matter of MA No.721/2004, preferred by the insurer of the offending vehicle. The said appeal i.e, MA No.721/2004 stands aliowed vide order dated 21.07.2009 whereby the impugned award dated 25.02.2004 has been set aside and the appeal tiled by the insurer was allowed. 3) Shri Amiyakant Tiwari, learned counsel for the appellants fairly conceded that in view of the order dated 21.07.2009 passed in MA No.721/2004, whereby the impugned award was set aside, the present appeal filed by the claimants for enhancement of the compensation has now become infructuous. 4) The appeal, therefore, is dismissed as infructuous. ’ **‘g;g;""”l W V4/ hra Chief Justice t Prashant Kumar M1s v KT i Judge i ‘ a, g l, l ”WI