APPELLANT/: (Claimant) HIGH COURT OF CHHATTISGARH. BILASPUR Miscellaneous Appeal (Civill No.117 of 2009 Mangrita Kumari, D/o Late Rafel Uraon, aged about 20 years, Caste Uraon, R/o Village Junadih, Post Jamargibi, Tahsil Pathalgaon, Distt. Jashpur (C.G.) RESR3NDENTS/: (Non-applicants) 3. Versus Chandranath Gupta, S/o Late Rame^iwar Sao, aged about 45 years, R/o Village & Post Kansabei, Tahsil Bagicha, Distt. Jashpur (C.G.) Gaffar Khan, S/o Sahadat Khan, Caste Musalman, aged about 42 years, Occupation Driver, R/o VJHage Pongaro, Tahsil Bagicha, Distt. Jashpur (C.G.) The Oriental Insunance Company Limited, Sadar Road, Ambikapur (C.G.) {Appeal under Section 173 of the Motor Vehictes Act} Present: Mr. A.K. Prasad, counsel forthe appellant. Mr. Raj Awasthi, counsel for respondent No.3. (&9 Soma Division Bench: - Hon'ble Mr. T.P. Sharma & Hon'ble Mr. R.N. Chandrakar. JJ ORAL ORDER (10-2-2010) 1. This appeal under Section 173 of the Motor Vehicles ^t, 1988 is directed against the award dated 31-10-2008 passed by the Additional Motor Accident Claims Tribunal, Jashpur Nagar in Motor Accident claim Case No.2/2005. 2. Learned counsel for the appellant frankly admits that the appellant herein along with her mother has eariier filed claim petition bearing Claim Case No.3/94 before the Motor Accident CIaims Tribunat, Jashpur which was dismissed vide award dated 25-9-1997 and at that time the appellant herein was minor and has not preferred any appeal. Therefore, learned counsel for the appellant seeks to withdraw this appeal with liberty to file appeal against the award dated 25-9-1997 passed by the Motor Accident CIaims Tribunal, Jashpur in Claim Case No.3/94. 3. The appeal is dismissed as withdrawn with liberty aforesaid. No order as to costs. Sd/- T.P. Sharma Judge Sd/- R.N. Chandrakar Judge ^"