^ inale Bench: HoR'bie Shri Diiig Raosaheb Deshmukh, J. £%9^,V^!Q,'4'S S A (/• M.A Santosh Kumar Gupta, aged about 55 years, S/o Late Vasudev Gupta, R'o Main Road, Kargl Road Kota, P.S. & Tahsil Kota, District Biiaspur (CG) Versus Pratap Singh Shyam, S/'o J.S. Shyam, aged ab&ut 34 years, R/o ViJJage Marhlkapa, Post Kargikhurd, P.S. & Tahsll Kota, District Bilaspur (CG) 2. M/s. Jalsram Transport, through Ovr'ner/Proprietor Bharat Khanderiya, S/o Late C.L. Khanderiya, aged about 44 ysars, R/o C.M.D. Coliege Chowk, Biiaspur, Tahsit anct District Biiaspur (CG) i LeflnS Representative) The Orienta! Insurance Company Limited, Throuyh Branch !Vanager, Opposite High Court, BHaspur (CG) «n. 4. Pappu Das PanEka, S/o Fyiohan Lai Panika, aged about 40 years, R/o ViISage-Bhslwatikarl (Beigahna) Chowk Beiaahna. P.s. Kota, District ,f /^ni^_\ st?^spur (^/^ IViisceiianeous appeai under Section 173 of the Bflotor Vehics M^I, t^iso Present; Goutam Khetrapal, counsei forjhe appeiianf. (Pas£@don02.11.2007) Learned counse! for the appeiiant prayed 1 appeai on the ground that &y tne impugned awas wlthdrawal of the dated 31.08.2007 ^ in ciaim case No.18/2006, the ieamed ii Additional Motor Accident Ciai'ms Tribunai, District BiSaspur (CG) has primariiy fixed the liabiiity to pay compsnsation on the Ensurance Company and has not given the right to the insurance comDanv to recover the same frorn fhe owner. if was further submitted that the insurance Company has not preferred any appeai so fa.r and therefors, he would like to withdraw this appeal at this stage reseiving his right to prefer an appea! jf the Ensurance comDany prefers an apDeal against the jmougned award. 2. Submission is considered. Reservino the afbresaid iiberty as 1 Drsved, the aopeal Is dismissed as withdrawn. i Sd/- Dilip Raosaheb Deshmukh Judge Priya