FAO No. 317 of 2005 19.04.2010 Present: Mr.Tara Singh Chauhan, counsel for the appellant. Mr. B.M. Chauhan, counsel for respondent No.2. In view of law laid down by the Hon’ble Supreme Court in Deepal Girishbhai Soni and others v. United India Insurance Co. Ltd., 2004 ACJ 934 and followed by this court in New India Assurance Company v. Smt. Veena Devi & Ors., Latest HLJ 2009 (HP) 770, the learned counsel for the appellant prays for and is granted permission to withdraw the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988, being M.A.C Case No. 114 of 2001, titled Jai Dei and another v. Rajinder Singh Hadda and another, before the Motor Accident Claims Tribunal, Bilaspur, H.P., out of which the present appeal (FAO No. 317 of 2005) has arisen, with liberty reserved to file fresh petition for grant of compensation under the provisions of the Workmen’s Compensation Act, 1923, before the Court/Forum of competent jurisdiction in accordance with law, within 60 days from today, failing which, consequences as per law will ensue. The amount of compensation, if any, already received by the appellant shall be subject to adjustment against the final compensation, if any, payable under the aforesaid proceedings before the Commissioner, under the Workmen’s Compensation Act. Consequently, the aforesaid petition under Section 163-A of the Motor Vehicles Act, 1988, shall stand dismissed as withdrawn and as a result the impugned award dated 6.10.2003, shall also stand set aside. The appeal stands disposed of in the above terms. The trial court record be sent back. (V.K. Sharma), Judge. 19th April, 2010 (Lsp)