@ Sim: 31mg IN THE HIGH COURT OF JUDICATURE AT BILASPUR (c.G.) M.A. No.#&_/2005 W , Raj Kumar, S/o Kheduram Yadav, Aged about 27 yrs., R/o Vill. & Post Sasaha, Distt. Raipur (C.G.) VS. APPELLANTS : CLAIMENTS RESPONDENTQ NON-APPLICANTS Shri Bhagwan Ji Shah, S/o Motimal Shah BySmt. Indrajeet Kaur W/o Tarsem Singh, R/o Quarter No. E.W.S./367 Vaishali Nagar Bhilai, Distt. Durg(C.G.) Smt. Indrajeet Kaur W/o Tarsem Singh, R/o Vaishali Nagar Quarter No. E.W.S./367 Bhilai, Distt. Durg(C.G.) The New India Insurance Co. Ltd. By Divisional Manager, The New India Insurance Co. Ltd., Kachahari Chowk, Raipur, Miscellaneous Appeal under Section ”1/73 of the Motor Vehicle Actl 1994 s wiwymiheeiudamenLandimnm, naqgQcLbLW S.B. Hon’ble Shri Justice N.K. 25.1 .2010 Shri Aditya Khare, Adv ‘ Shri Dashrath Gputa, A vocate forrespondent No. 3. Heard on M(C)P No. 085/06, appiication for candonation of delay in fiHng the appeai. On due consideration, I am satisfied that the counsel for appellant is succeeded in ex laining the delay caused in filing this appeal. Accordingly M(C)P No. 1085/06 is allowed and delay caused in filing the appeal is ereby condoned. Shri Aditya Khare, l arned counsel appearing for the appellant is heard on admissi n. Appellant Raj Kumar has filed this appeal against the impugned award dated 29.03 2005, passed by the 14f“ Additional Motor Accidents Claims Trib nal (FTC), Raipur, in claim case No. 96/04, whereby the appell nt's claim petition was dismissed holding that the Driver of he Truck bearing registration No. MP23/DA10346 was respon ible for the accident, whereas the claimant has sought compen ation from the owner and insurer of Truck bearing registration No. MPs23/DA/4029. A arwal cate for the appellant. Shri Khare seeks per ission of/this court to withdraw the claim petition filed by the a pellant/claimant against the driver. bearing registration No. MP— 23/DAf4029, with liberty of fili g another claim petition against the owner and insurer of Tr k MW m$wi$ Wzyé mam(W) mamriém'm awanéam mmwm mm1§wm aiWma WALWM f ¢ 1 i k X1~Hc-7a I i { i' l J . \ u‘ i '2 snéaIqaaiQai-jaa) ] ‘ i g ’ a anémmm am‘méam mmmma mmi¥mm $Wm§m 1: 1 driver, owner and insurer of Truck bearing registration No. N i MP-23/DA/0346. Shri Dashrath Gupta, Iearned counsel appearing for the respondent No. 3/insurance Company has pointed out that in cases, arising out of same amident, Division Bench of this Court has also granted aforesaid iib}erty. in view of above, the permission is granted. With the above liberty the claim petition is dismissed as l i ‘ withdrawn. With the above order, the appeal also stands disposed of. Til Sdl- N.K.Agarwal Judge