y ApDellant Ciaimant jtiGH COURT OF CHHATTISGARH AT BI_LASPUR DiyiSiQN BENCK HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHR! SUNiL KUMAR SiNHA, J. Misc. ADDeaS841/2006 Maheshram Tandon, S/o Kejawa Tandon sged about 30 years R»'o Dhuidhui, PO Dhangaon, Distt Raipur VERSUS 1 Shri Bhagwan Ji Shah, S/o Motimal Shah By Smt indrajeet Kaur W/o Tarsem Singh, R/o Quarter No.EWS 367 Vaishal! Nag^r Bhilai, Distt Durg (CG) 2 Smt indrajeet Kaur W/o Tarsem Singh, R/o Vaisha!i N'agar Quarter No.EWS 367 Bhiiai, Distt Durg (CG) 3. The New tndia insurance Co.Ltd By / Divisiona! Manager, The New India Insurance Co.Ltd., Jail Raod, Distt Raipur (CG) Appea! underSection 173oftheMotorVehicles Act.lSSS Respondents Non-appSicants Present : Shri SC Verma, counsel for the appellant. Shri Shaiiendra Sharma, counsei for respondent No.3. ORDER (24th August, 2009) The ' following order of the Court was passed by RajeevGupta, C.J. Learned counsel for the parties are heard Qn MCP No.1154/2006, a petition for condonation ofthe delay in filing the 2) On due consideration of the submissions of learnedcounsel for the partiesand the grounds taken in the application, we are satisfied that the appeiiant has succeeded in showing sufficlent cause for the delay in flling the appeal. 3) MCP No.1154/2006, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Learned counsel for the parties are heard on admission. 5) Appellant Maheshram Tandon has filed this appeal against the impugned award dated 31.03.2005 passed by the 14h Addltional Motor Accldent Claims Tribunal, Raipur in Claim Case No.93/2004, whereby the appellant's claim petition was dlsmissed holding that the driver of the truck bearing registration No.MP-23- DA-0346 was responsible for the accident whereas the claimant has sought compensation from the owner and insurer of the truck bearing registration No. MP-23-DA-4029. 6) Shri SC Verma, tearned counse! for the appellant seeks permission to withdraw the claim petition filed by the appeilant / claimant against the driver, owner and insurer of the truck bearing registration No. MP-23-DA-4029 with liberty of filing another claim petition against the driver, owner and insurer of the truck bearing registration No. MP-23-DA-0346. 7) Permission granted. 8) With the above liberty, the claim petition is dismissed as withdrawn. 9) With the above order, the appeal also stands disposed^l padma Sd/- Quef Jiistice s^a Ba! "" Judge Sinba