HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHR! RAJEEV GUPTA, C.J. HON’BLE SHRI SUNIL KUMAR SINHA, J. Misc Appeal No.288l2005 1 Babulal Soni, Age T4 years Slo Late Shri Narayanji Soni (Father of Deceased) 2 Smt Kamia Soni, Age 39 years, Wd/o Late Omprakash Soni (Wife of Deceased) Kumari Shashi Soni, Age 21 years D/o Late Omprakash Soni (Daughter of Deceased) 4 Kumari Khushboo Soni, Age 15 years D/o Late Omprakash Soni (Minor daughter of Deceased) 5 Kumarj Roshani Soni, Age 5 years, Dio Late Omprakash Soni (Minor daughter of Deceased) Appeialnts No.4 & 5 being minor represented through Naturai Guardian Smt Kamla Soni, Mother R/o Cio Late Shri Omprakash Soni Near Dani Bada, Budhapara Raipur (CG) Appeilants Original applicants Versus Respondents 1 Lalit Kumar Soni, Age 19 years, Sfo Original Non- Late Omprakash Soni R/o Near Dani applicants Bada, Budhapara Raipur (CG), Registered Owner -— TVS Scooty, No.CG — 04-ZN -6151 2 Orientai insurance Company Limited, Through Senior Doivisional manager. Divisional Office No.2 lind Floor, Chawia Complex Sai Nagar, Devendra Nagar Road Raipur (CG) (insurer of TVS Scooty, No.CG — 04 — ZN -— 61 51) (Policy No.31/1 016/003 Period 30.04.2002 to 29.04.2003) Comprehensive insurance with inbuilt PA Cover for Rs.20,000—00. lnsurance Company paid PA Claim -of Rs.20,000—00 to Smt Kamla Bai on 22042003 finding that the death happened in Road accident while driving scooty No.CG__ Memorandum of Appeal under Section 173 of the Motor Vehicles Act. 1988 Present : ShriSS Rajput,counselforthe appellants. None for respondent No.1 though served. Shri GS Patel, counsel on behalf of 5hri Abhishek $inha, counsel for respondent No.2. Order (3“ March, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. The appellants have preferred Vthis appeal against the impugned award dated 23.1 1 .2004, passed by the Third Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.103/2003, whereby the appellants’ claim petition filed under Section 166 of the Motor Vehicles Act claiming compensation of Rs.15,00,000l— for the death of deceased Omprakash Soni in the motor accident on 16.1 1 .2002 on account of the injuries sustained by him on 22.1 0.2002 was dismissed. 2) Shri SS Rajput, learned counsel for the appellants realising that the claimants ought to have tiled the claim petition under Section 163—A of the Motor Vehicles Act instead under Section 166 of the Motor Vehicles Act, seeks permission to withdraw the ciaim petition filed by the ciaimants before the Tribunal under Section 166 of the Motor Vehicles Act with the liberty of filing another claim petition under Section 163-A of the Motor Vehicles Act. 3) On due consideration and in view of the observations of the Apex Court in para No.66 of the judgment in the case of Deepai Girishbhai Soni and others Vs United lndia Insurance Co. Ltd., Baroda, reported in (2004) 5 Supreme Court Cases 385, permission is granted. 4) With the above 'liberty, the claim petition tiled by the appellants / claimants under Section 166 of the Motor Vehicles Act before the Tribunal is dismissed as Withdrawn. 5) With the above order, the appeal stands disposed of. Sd/- ‘ Sunil Kumar Sinha Judge Syd/- Chief Justice \ padma