^ s'Hi Ltf'liSi 'iuuy^si ^^ f^ikfyi/Si"- Santosh Kumar Gupta, aged about 55 years, S/o Late Vasudev Gupta, R/o Main Road, Kargi Road Kota, P.S. & Tahsj! Kota, Dlstrict Bitespur (CG) Versus ResDOndenfs Rarncharan Khusro, Son of Late KunvA'i'ar Singh, aged about 35 years, Occupatlon-Labourer, R/'o Viliage Litiya, P.0. Khargikhurd, P.S. & Tahsii Kota, District Biiaspur (CG) 2. M/s. Jalaram Transport, through O'A'ner/Proprietor Bharat Khanden'ya, S/o Late C.L. Khanderiya; aged about 44 ysars, R/o C.M.D. Coiiege Chowk, Biiaspur, Tahsll and District iijaspur (CG) iiisya 3. The Oriental insurance Company Limited, Through Branch Manager, Opposite High C-ourt, Bilaspur (CG) L Pappu Das Panika, S/o IViohan Lal Panika, aged sbout 40 years; R/o Viiiage-Bheiwatikari (Belgahna) Chowk Belgahna, P.s. Kora, District Biiaspur (CG) Ivllsceiianeoys apDeai ursder Sectjon 173 of the Motor.Vehicie Ai-t 1SSR 'resenf: Goutam Khetrapal, counsei for the appeilant. fpassedon02.il. Learned counsei for the appeiiant prayed for withdrawal of the appeal on the ground that by the impugned award dated 31.08.2007 In claim case No.28/2006, the iearned II" Additionai MoSor Accident C!aims Tribunai, Distnct Bilaspur (CG) has primarlly fixed She liability to pay compensation on the Snsurance Companv and has not igiven the right to the insurance company to recover the same from ths owner. it was further submitted that the insurance Company has not preferred any appeai so far and therefore, he wou!d !ike to withdraw this appeai at this stage reseroing his righf to prefer an appea! if the insurance compa"y prefers an appeai sgalnst ths impugned award. Pri>nva Submisslon is considered. Reserving the aforesaid iiberty as Draved, the appea! is dismlssed as wifhdrawn. Sd7- Dilip Raosaheb Deshmukh Judge