HIGH COURT OF CHHATTISGARH AT BILASPUR h^* Sinale Bench : Hon'ble Shri DiHp Raosaheb Desbmukh. J. Appellant Claimant Miscellaneous Appeal (C.l No.1313 of 2007 Sudheer Meher, age-24 ^ars, S/o Kripa Sindhu Mehre, By profession-Driver, R/o Dam Colony, Behind Collecrtor Office, Bargarh, Distt. Bargarh {Qrfesa} At present R/o Village-Basna, P.8. Basna, TahsiS & Distt. Mahasamund (CG) Respondents versus 1. Bhagwandas Vyapar Udhyog Llri., 194-S.P.Mukharj©e Road, Kolkatta D/V.B] [Owner of Truck No.W.B/23/7915] 2. The Orientel Insurance Company Limited, Divjsjonal Office-Jail Road, Raipur Distt. Raipur [CG] [Ins. Com. ofTruck No.W.B/23/7915] Appeal under Section 173 ofthe MotorVehicles Act Present : Shri J.A.Lohani, counsel for the appellant. ORALORDER (Passed on 1st day ofApril. 2008) The appeal is listed today for orders on I.A.No.1 for condonation of delay of 98 days in filing the appeal. (2) Shri JA.Lohani, learned counsel appearing for the appellant sought permission to withdraw this appeal wiMi liberiy to file an appropriate application before the Commissioner for Workmen's Compensation. It is submitted that the Motor Accidents Claims Tribunal has, in para 17 of the award, observed that the claimants ought to have preferred an application under the Workmen's Compensation Act. (3) In view ofthe submission, the appeal is dismlssed as withdrawn with liberty to pursue such remedy as is available under law. Gopai \^9-^" ^^^