HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI N.K. AGARWAL & HON’BLE SHRI RANGNATH CHANDRAKAR, JJ. Misc. Appeal No. 523 of 2005 Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri M.K. Bhaduri, counsel for the appellants. ‘ Shri A.C. Sahu, counsel for respondent No.1. Shri H.B. Agrawal, Sr. Advocate with Ms. Sareena Khan, counsel for respondent No.2/ The United India Insurance Company Ltd. (24m Nggiir, 2011) The following order of the Court was passed by N.K. Agarwal, J. 1) Shri H.B. Agarwal, learned Sr. Advocate with Ms. Sareena Khan, learned counsel appearing for respondent No.2/The United India Insurance Company Ltd., submits that the deceased Naresh Kumar Sahu i.e., driver of the offending motor vehicle bearing registration No. CG-10/BB-4084, had borrowed the vehicle from its. owner, is a deemed owner, not \ a third party, and therefore, the claim petition itself was not \ D Appellants Smt. Annapurna Devi Sahu, aged Claimants about 29 years, wife of late Naresh Kumar Sahu and four others. VERSUS Respondents Feku Lal Sahu, aged not known son Non-Applicants of Pusau Ram Sahu, r/o. village Jaraundha, Tah. Takhatpur, Distt. Bilaspur (CG) and another. maintainable, in view of the decision of the Supreme Court in the matter of Ningamma and another vs. United India Insurance Company Ltd., reported in 2009 (13) SCC 710 and the Tribunal has wrongly allowed the claim petition flled by the appellants/ciaimants. 2) In View of the above submissions made by Iearned counsel appearing for respondent No.2/The United India Insurance Company Limited, Shri M.K. Bhaduri, learned counsel appearing for the appellants seeks permission of this court for withdrawal of the appeal. Permission is granted. Accordingly, the appeal is dismissed as withdrawn. /, raju i —//i wfv Sd/‘ R.N.Chandrakar N.K.Agawal Judge I .. _ Judge "