HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHR1 SUN1L KUMAR SINHA, J. Apoellants Non-appellants M.A.rciNo. 321 of 2008 1 Prabhulal, S/o Late Domansingh Sahu, Aged about 63 yeare 2 Padmini Devi W/o Prabhulal Sahu, Aged about 57 years 3 Lokeshwari, W/o Late Sanjay Kumar Sahu, Aged about 27 years 4 Jatin, S/o Late Sanjay Kumar Sahu, Aged about 6 years (Minor) 5 Ku. Divya, D/o Late Sanjay Kumar Sahu, Aged about 4 years (Minor) (Appellant No.4 & 5 are minors and they are through their natural guardian mother Lokeshwari) (All R/o Santrabadi, Durg, Tahsil & Distt Durg (CG) VERSUS 1 Laxminarayan, S/o Jagdish Prasad Dubey, R/o Gopal Mandir Road, Baigapara, Durg, Tahsil & Distt Durg (CG) Owner 2 The Oriental Insurance Company Limited., through its Manager, The Oriental Insurance Company Ltd., Malviya Nagar, Durg (CG) Insurer MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT. 1988 Present: Shri PR Patankar, counsel for the appellants. Shri Dinesh RKTm/ari, counsel for respondent No.1 Shri Sudhir Agrawat, counsel for respondent No.2. ORDER rth subbu (27m January, 2010) The following order of the Court was passed by Rajeev Gupta,C,J. Shri PR Patankar, learned counsel for the appellants seeks permission to withdraw the appeal filed by the appellants / claimants against the impugned award dated 27.08.2007, passed in claim case No.142 /2005, whereby the claim petition filed by the appellants / claimants under Section 166 of the Motor Vehicles Act, for grant of compensation to the claimants for the death of deceased Sanjay Kumar Sahu, who was driving the offending vehicte Tata Sumo, at the time of the accident, was dismissed, with the liberty of filing another claim petition under the provisions ofWorkmen's Compensation Act before an appropriate Forum. 2) Considering that, the Workmen's Compensatlon Act is a beneficiat legjslation for protecting interest of the workman, who sustains injuries or dies in an accident during the course of his emptoyment, permission sought by learned counsel for the appetlants, is hereby granted. 3) With the above liberty, the appeal is dismi^ed as withdrawz. SA'- ~^ SunUKumarSinha