le Be >H3i"it M.A.td Santosh Kumar Gupta, aged about 55 years, S/o Late Vasudev Gupta, R/o Main Road, Kargi Road Kota, P.S. & Tahsi! Kota, Districf Bilaspur (CG) lesRondents 1. Pituram Dhruve, S/o Dhan Singh Dhruve, aged a&out 22 years, R/o Viiiage Marhikapa, Post Kargikhurd, P.S. & TahsiS Kota, Dlstnct BiSaspur /g^-f^\ !l-/<J: 2. !Vi/s. Jaiaram Transport, vyner/Proprietor Bharat Khanderiya, •S/o Late C.L. Khanderiya, aged about 44 yea.-s, Rio C.M.D. Coitege wk, Biiaspur, Tahsil and District siiaspur (CG) SLegas Repres&ntativeS 3. The Orientat insurance Limited, Through Branch h'lanager, Opposite High Court, Biiaspur (CG) {Msurerl 4. Pappu Das Panika. S/'o Fvfohan Laf Pan-'ka, aged about 40 years, R/o ViiSage-BheIwatikars (Bsigahna) Chowk Beigahna, P.s. Kota. District 3jlaspur (CG) (Driver) NiscejIaReous appeai under Sectfon 173 of the Motor Vehicle Act.J_S88 Present: Gouiam Khefrapai, counsel ror tfie appeilanf. /Passsdon02.11.20 Learned counssi for the appeilant prayed for withdrawai of the apDea! on the ground that by the imougned award dated 31.08:2007 in claim case No.17/2006. the iearned !l Additional Motor Accident Ciaims Tribunai, District Bitaspur (CG) has primarily fixed the iiabiljty to pay compensation on the Insurance Company and has not given the right io the insurance comDanv to recover the same from the owner. It was further subrnitfed that fhe insurance Companv has not preferred any appeai so far and therefore, he would like to wlthdraw this appeai at this stage reseroing his right fo prefer an appea! if fhe insurance company prefers an appeal against the impugned award. 2. Submission is considered. Reservins the aforesaid tibertv as prayed, the appeai is dlsmissed as withdrawn. Sd/- Dilip Raosaheb Deshmukh Judge Priva