^ -Single Bench: Hon'ble Shri Diiip Raosaheb Des Jwner M.A.(C)No.125: 17 ;h Kumar Gupta, aged about years, S/o Late Vasudev. Gupta, Main Road, Kargs Road Kota, P.S Tahs'j Kota, District Bilaspur (CG) Respondents 1. Santosh Kumar Maravi, Son of Late Manga'iU Msravi, aged about 28 years, Occupation-Labourer, R/o Village Nawapathara, P.0, Kargikaia, P.S. & Tahsii Kota, District Bi!aspur ff":tf^\ <>—>-'.! [^icSJ^^fgi •: . 2. Ws. • jalaram Transport, through Owner./Proprietor Bharat Khancleriya, S/o Late C.L. Khanderiya, aged about 44 yeare, R/o C.M.D. Coliege Chowk, Bila.spur, Tahsii and District BilasDur (CG) 3. The Orientai insurance Lirnited, Through Branch Manager, Opposite Hjgh Court, Biiaspur (CG) 4. Pappu Das Panika, S/o Mohan Lal •Panika, aged about 40 years, R/o Village-Bheiwatiksri (Beigahna) Chowk Belaahna. P.s. Biiaspur (CG) 'riverS MlsceESasieoys appeal under SectionJ73 of the Motor Vehicfe Act. 1S8S f Present: Goufam Kheirapal, counsei for the appellant. /Passedon02.11.2007) v\ Learned counsel for the appellant prayed for withdrawai of the appsai on the ground that by the impugned award dated 31.08.2007 in ciai.m case No.24'2008, the iearned ii Additiona! Motor Accident CSaims Tribunal, District Bilaspur (CG) 'nas primarily fixed the iiability to pay compensation on the Insurance Company and has not given the right to the insurance company to recover the same from the owner. !t was further submitted that the Insurance Company has not preferred any appeal so far and therefore, he wouid iike to wlthdraw this sppea! at this stage resewing his right to prefer an appeal if insurance company prefers an appeai againstthe impugned award. 2. Submission Is considered. Reservina the afbresai! prayed, the appea! is dismisssd as withdrawn. Sd/- Dilip Raosaheb Deshmukh Judge 'nva