r^^^w^n^^^ M.A. No, ^\2006 f^ IN THE HIGH COURT OF CHRATTISGARH AT BILASPUR IN THE MATTER OF ^l. Bhok Chand Chauhan, Aged about 34 years, S/0 Jeet Ram Chauhan Profession: Driver /2. Smt Rupa Bai aged about 32 years W/0 Bhok Chand Chauhan, Both residents ofVillage Puraina, Police chowki Ufga, P.S.City KotwaU, District Korba (C.G.) (Owner) Versus Appellant/ Applicants / "^^ 1. Puni Ram, S/0 Jethu Ram, Resident ofVillage Navagarh, Post Champa, P.S.Sheorinarayan, District Janjgir Chanipa (C.G.) /^l. Ratan Singh Rana, .ontractor, Qr No M.D.-80, Subhash Block, ^^Kotba, , ^ahsil& District Korba (C.G.) VB^' '•^l^"s'~-.. A ^ B^anch Manager, National Insurance Co. Ltd. Meenu Complex, Kosabadi, Korba District: Korba (Chhattisgarh) Respondents/ Non-applicants APPEAL UNDER SECTION173 OF THE MOTOR VEHICLE ACT 1988 p^- ^^-^ ^ ^»»M HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice I.M. Quddusi and Hon'ble Shri Justice Prashant Kumar Mishj^ IVIiscellaneous Appeal No.925 of 2006 Appellants Respondents versus Bhok Chand Chauhan and another Puni Ram and others Present: Shri Mukesh Sharma, counsel for the appellants. Shri Ravish Verma, counsel for respondent No.2. Shri Qamrul Aziz, counsel for respondent No.3. Miscellaneous Appeal under Section 1 73 of the Motor Vehicles Act ORAL ORDER (Passed on 6th January, 2011) Per I.M. Quddusi. J.: This appeal has been filed by the claimants challenging the award dated 29-4-2006 passed by the Additional Motor Accidents Claims Tribunal, Korba in Claim Case No.271/2004, whereby the claim ofthe claimants has been dismissed. 2. Admittedly, the deceased was a workman, therefore, learned counsel for the appellants/claimants makes a prayer to withdraw the miscellaneous appeal with liberty to move before the Commissioner for Workmen's Compensation (henceforth 'the Commissioner'). 3. In the interest of justice, we allow the prayer of learned counsel for the appellants/claimants, set aside the impugned award and dismiss the miscellaneous appeal as withdrawn with liberty to /'..f^\ ^ ^•^'^'^ 1 "^^&sfe.l ^^._ T '"'^Sj^ the appellants/claimants to move before the Commissioner. It is made clear that we have not considered the case on merit, one way or the other. The record of the Claims Tribunal shall be sent back along with a copy of this order. It is to be noted that the date of accident is 7-6-2004. The claim petition was filed before the Claims Tribunal on 17-7-2004, which was dismissed on 29-4-2006. The instant appeal against the award was filed before this Court on 25-7- 2006, therefore, in case, a claim is preferred before the Commissioner, the above facts will be considered by him while condoning the delay. Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge Gopal