• HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: Appellants Non-applicant Respondents HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. 1 2 3 4 I.A.C. No.502 of 2007 Smt. Dhankumari Dhangad Aged about 20yearsWd/o Late Basant Dhangad Jeethuram Dhangad, aged about years, S/o Vishambhar Dhangad 50 Smt Mangali Bai, aged about ^ years, W/o Shri Jeethuram Dhangad Ajay Dhangad, S/o Late Basant Dhangad, aged about 3 months, rainor through natural guardian mother Smt Dhankumari Dhangad appellant No.1. All Residents of village Sariya, PS Sariya, Tahsil Sarangarh, Di^rict Raigarh (CG) VERSUS Pradeep Kumar Naik, aged 80 years, S/o Devendra Nath Naik, R/o Resident of Sariya, PS Sariya, Tahsil Sarangarh, District Raigarh (CG) The New India Insurance Company Limited, through Divisional Manager, The New India Insurance Company Limited Madina Manzil Kachahari Chowk Raipur Tahsil and District Raipur Miscellaneous Appeal under Section 173 ofthe MotorVehidesAct.1988 Present: ^hri Abhishek Sharma, counsel for the appellants. ~\'< ORDER (02nd September, 2009) L The following order of the Court was passed by Rajeev Gupta, CJ. The appellants have filed this appeal agalnst the impugned award dated 29.12.2006, passed by the Principal Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal), in Claim CaseNo.186/2006, whereby ihe appellants' claim petition filed under Section 163-A of the Motor Vehicles Act claimjng compensation for the death of Basant Dhangad, the driver of the Jeep was dismissed. 2) Shri Abhishek Sharma, learned counsel for the appellants seeks permlssion to withdraw the claim petition fil^d by the appellants/ claimants before the Tribunal under Section 163-A of the Motor Vehicles Act, with the liberty of filing a claim petition underthe provlsions oftheWorkmen's Compensation Act. 3) Permission granted. 4) With the above liberty, the claim petition flled by the claimants under Section 163-A of the Motor Vehictes Act is dismissed as withdrawn. 5) With the above order, the appeal stands disposed of. Sd/- Chief Justice subbu Sd/- Sunil Kumar Sinha Judge