FAO No.434/2001 05.05.2009 Present: Mr. Ramakant Sharma, counsel for the appellant. Mr. J.L. Bhardwaj, counsel for respondents No.1 to 3. Mr. Ashwani Sharma, counsel for respondent No.4. FAO No.434/2001 Mr. J.L. Bhardwaj, Advocate, representing respondents No.1 to 3, i.e. the claimants in the main petition, under Section 163-A of the Motor Vehicles Act, before the Motor Accident Claims Tribunal, says that the present petition, under Section 163-A of the Motor Vehicles Act, be permitted to be withdrawn, with liberty reserved to the claimants to file a fresh petition, under Section 166 of the Motor Vehicles Act, inasmuch as the income of the deceased was more than Rs.40,000/- per annum and also because the accident had taken place because of the negligence on the part of the owner. We allow the prayer and permit the petition, under Section 163-A of the Motor Vehicles Act, to be withdrawn. Hence, the said petition is dismissed as withdrawn. However, liberty is reserved to the claimants to file a fresh petition, under Section 166 of the Motor Vehicles Act. If the petition, under Section 166 of the Motor Vehicles Act is filed within one month from today, plea of limitation or delay and latches shall be ignored by the Motor Accident Claims Tribunal. On account of the withdrawal of the main petition, the present appeal is allowed and the award is set aside. CMP No.956/2001 Dismissed, as infructuous. Original Driving Licence filed with this application is ordered to be returned to the applicant. …2… FAO No.434/2001 CMP No.849/2006 Dismissed, as infructuous. CO No.340/2002 Infructuous, on account of the main petition, under Section 163-A of the Motor Vehicles Act, having been dismissed, as withdrawn. Copy of the order be given dasti to the learned counsel for claimants-respondents No.1 to 3. ( R.B. Misra ), J. May 5, 2009(sd) ( Surjit Singh ), J.