1 F.A.918.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 918 OF 2010 [Wahed Khan Ibrahim Khan Vs. Abdul Gafar Fakir Mohammad and another] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.P.S.Agrawal,Advocate for Appellant Shri. S.G.Chapalgaonkar,Advocate for Respondent No.2. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 25th JANUARY,2011. PER COURT : 1. Heard Mr.Shri.P.S.Agrawal,learned counsel for Appellant. None for the respondent NO.1 although served. Mr.S. G.Chapalgaonkar, Advocate for Respondent No.2. 2. Mr. Agrawal, learned counsel for the appellant-original claimant in Motor Accident Claim Petition No. 675 of 2002 prayed that, claim petition No. 675 of 2002 be permitted to be withdrawn with liberty to apply under Workmen’s 2 F.A.918.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Compensation Act. It has been held by the Trial Court that applicant was not having valid license and the accident took place due to negligence of applicant himself, therefore, claim petition under section 166 of the Motor Vehicles Act was not maintainable. Hence, applicant desires to withdraw the Claim Petition with liberty as mentioned herein above. 3. Mr. Chapalgaonkar, learned counsel for respondent No.2 - Insurance Company has no objection for grant of liberty. 4. In the light of aforesaid submissions, request made by the learned counsel for the appellant to withdraw the Claim Petition No. 675 of 2002 is granted with liberty to file petition under the provisions of Workmen’s Compensation Act before appropriate Forum. 5. In view of the aforesaid facts, the respondent-Insurance Company is at liberty to put its defence in the subsequent proceeding. 3 F.A.918.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 7. In view of withdrawal of the claim petition, this First Appeal does not survive and same shall stands disposed of. 8. The Court fee, if any paid, be refunded to the appellant as per rule. Sd/- [SHRIHARI P.DAVARE, J.] MTK