29.9.2008 Present: Mr. J. S. Bagga, Advocate, for the appellant. Mr. Sanjeev Bhushan, Advocate, for respondent No.1. FAO No. 73/2004 Mr. Sanjeev Bhushan, learned counsel for the claimant-respondent No.1 seeks liberty to withdraw the original petition filed under Section 166 of the Motor Vehicles Act being MACP No. 73-K/2001 titled as Dilabar Singh vs. Rajiv Kumar & another, with liberty to approach the appropriate forum within a period of six weeks from today. Liberty granted. It shall be open for the claimant to approach the appropriate forum within the aforesaid period. Considering that the matter was being persuaded by the claimant before the Tribunal and also in these proceedings, learned counsel for the parties agree that the issue of limitation shall not come in the way of the claimant. Question of limitation shall not be considered in appropriate proceedings which may be filed by the claimant. Consequently, the Award dated 5.12.2003 passed by the Motor Accident Claims Tribunal-II, Kangra at Dharamshala, in MACP No. 73-K/2001 titled as Dilabar Singh vs. Rajiv Kumar & another, is set-aside and the appeal is disposed of as such. Copy dasti. (Sanjay Karol ), Judge. September 29, 2008 (rana)