l%§M i mwsmn Bengh [ IN THE HIGH POURT OF JUDICATURE AT BILASPUR (C G ) M A No % ( é /2006 f APPELLANTs : Mank Ram S/o Feraha Ram Nurmalkar € CLAIMENTS Aged about 37 yrs R/o VIII & Post ’ Saraha, Tah & P S Palarl Dlstt Ra1pur (C G ) VS. @ RESPONDENTS: 1. Shri Bhagwan Ji Shah, S/o Motimal Shah NON-APPLICANTS v By $mt. Indrajeet Kaur W/o Tarsem ° Singh, R/o Quarter No. E.w.s./367 Vaishali Nagar Bhilai Distt. Durg(C.G) Smt Indrajeet Kaur W/o Tarsem Slngh R/o Vaishali Nagar Quarter No 'E W S /367 Bhrlal Dlstt Durg(C G.) \ The New India Insurance Co. Ltd. By Divisional Manager, The New India Insurance Co. Ltd., Kachahari Chowk, Raipur, / Miscellaneous Appeal under Section 173 of the Motor Vehicle Actl 1994 ‘ HIGH COURT OF CHHATTISGARH AT BILASPUR SINGLE BENCH : HON’BLE SHRI N.K.‘ AGARWAL, J. Misc. Appeal No. aw 0i 2006. Appellant Malik Ram Claimant VERSUS Respondents Non — applicants Shri Bhagwan Ji shah & others Misc. Appeal under $ection 173 of the Motor Vehicles Act.1994 Present : Shri Aditya Khare, counsel forthe appellant. Shli Dasarath Gupta, counsel for respondent No.3. M.C.P.No.1 101/2006, a petitionfor condonation of the delay in filing the appeal. 2) On due consideration of the submissions of Ieamed counsel for the parties and the grounds taken in the application, this Court is satisfied that the appellant has succeeded in showing sufficient cause for the delay in tiling the appeal. 3) M.C.P.No.1101l2006, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Learned counsel for the parties are heard on admission. \x i. .V. ORDER (07m April, 2010) Learned counsel for the parties are heard on Q9? 5) Appellant Malik Ram has fiied this appeal against the impugned award dated 30.03.2005, passed by the 14‘” Additional Motor Accident Claims Tribunat (FTC), Raipur (for short, “the Tribunal”), in Claim Case No.102l2004, whereby the appellant’s claim petition was dismissed holding that driver of the truck bearing registration No.MP-23/DAI0346 was responsible for the accident, whereas the ciaimant has sought compensation from the owner and insurer of truck bearing registration No. MP-23/DA/4029. 6) Shri Aditya Khare, leamed counsel for the appellant seeks a. permission to withdraw the Claim Petition tiled by the appellant / claimant against the driver, owner and insurer of truck bearing registration No.MP-23/DA/4029, with liberty of filing another'ciaim ' ~ petition against the driver, owner and insurer of truck bearing registration No.MP-23/DAIO346. 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 of. i Sd/— N.K.Agarwal Judge pathak