;~"~1:;"^\ /~!y ^1^^-. "^\ A'.if ~'"> '-A y \'s.'"":''<i'" r^ ^ ^- .Q^ (^' HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR,J Appellant Misc Appeal (C) No. 1093 of2009 Smt KA Sheeni, s/o Late Shri Angasteen aged about 46 years, r/o Q No,6/A, Street 28, Sector 5 Bhiiai Nagar, Distt Durg (CG) Respondent Non-aRpKcant No.1 Respondent Non-applicant No.2 Kishor Dadmal, s/o Shri Maroti Dadmal, aged about 25 years, r/o Village Aasada PO Bhatala Tah VArora Distt Chandrapur (MH) Shri Noor Ahmed Khan, s/o Q No.3/113/8, Balaji Nagar Karnool(AP) National Insurance Co. Ltd., Add :- 40/344 First Floor Tula Complex, Gandhi Nagar, Karnool (AP) Through Divisional Manager, Akashganga Complex, Supela Bhilai Durg (CG) MjsceJtaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Vipin Tiwari, counsel for the appellant Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. (03rd August, 2011) MACNo.1093of20DB The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shreekumar Agrawal, learned Senior Counsel for respondent No.3 the Nationat Insurance Company Limited has raised a preliminary objection on the ground that the Tribunal has erred iri directing the insurance Company to pay Rs.52,086/- to the claimant for the damage to her vehicle in the motor accident, as under Section 147 of the Motor Vehicles Act the statutory liability of the insurance Company in that behalf is only to the extent of Rs.6,000/-. Learned Senior Counsel further submitted that in this view of the matter, the appellant may be directed to refund the excess amount awarded by the Tribunal to the insurance company. 2) Shri Vipin Tiwari, learned counsel for the appellant in view of the above preliminary objection seeks permission to withdraw the appea! fiied by the appellant/ciaimant for enhancement of the compensation awarded by the Tribunal. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge padma