IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2174 of 2006 BRANCH MANAGER,PURNEA,NATIONAL INSURANCE COMPANY LTD.REPRESENTED THROUGH ANJUM ALAM, A.O., AND CONSTITUTED ATTORNEY OF THE NATIONAL INSURANCE COMPANY LTD.,HAVING ITS REGIONAL OFFICE AT 4TH FLOOR, SONE BHAWAN, BEER CHAND PATEL PATH, PATNA, P.S. SACHIWALAYA, DISTRICT-PATNA. -PETITIONER Versus 1. BIBI RASHIDA KHATOON, WIFE OF LATE MD. MANSOOR, 2. MOST SAMSHA KHATOON, W/O LATE MD.YUNUS, BOTH RESIDENT OF VILLAGE DURGAPUR, P.S. MAHALGAON ( JOKIHAT), DISTRICT-ARARIA. -OPP.PARTY 1ST SET 3. VIBHA CHOUDHARY, WIFE OF MANI KANT CHOUDHARY, RESIDENT OF KASBA (JALALGARH) P.S. JALALGARH, DISTRICT-PURNIA. - OPP.PARTY NO.3 4. DINESH, SON OF PALTU, RESIDENT OF JALALGARH, KHAS, P.S. JALALGARH, DISTRICT-PURNEA. OPP.PARTY NO.2 _____ For the Petitioner : Mr. Shailendra Kumar For Opp.Party No.3 : M/s Mahesh Nr. Parbat & Ved Prakash Srivastava For Claimant : Mr.Ambrish Kr. Jha 9 03.02.2010 After some argument learned counsel for the petitioner seeks permission to withdraw this Civil Revision with a liberty to take steps for the purpose of recovery of Award amount from the owner of the vehicle, in view of the 2 AAhmad/ law laid down by Apex Court in Oriental Insurance Co. Ltd., V. Nanjappan, (2004) 2 PLJR, SC 167., as it is contended that the owner of vehicle did not produce any licence or vehicular document before the Tribunal. Learned counsel appearing for the claimant does not raise any objection. Learned counsel for opposite party no.3 submits that the owner was present all along during the course of trial and had denied his liability, however, does not object to the withdrawal of the case. In the above view of the matter, this Civil Revision is dismissed as withdrawn with a liberty to the petitioner to avail remedy, if available under law, for recovery of Award amount from the owner of concerned vehicle by way of such proceeding which would be available to him under such law. If such proceeding is initiated that shall be disposed of in accordance with law. (Dr. Ravi Ranjan, J.) 3