- 6 - FAO(MVA) 434 of 2005. 17.9.2010 Present: Mr. Sanjeev Kuthiala, Advocate, with Ms. Ambika Kotwal, Advocate, for the appellant. Mr. Jagdish Thakur, counsel for respondents 1 to 6. Learned counsel appearing for respondents 1 to 6 (claimants) seeks to withdraw the petition, with liberty to file a fresh petition before the Commissioner under the Workmen’s Compensation Act. Prayer granted. Petition is dismissed, as withdrawn, with liberty reserved to the claimants to file a petition for compensation before the Commissioner under the Workmen’s Compensation Act and while computing the limitation for the purpose of such petition, period spent by the claimants in pursuing the dismissed petition under Section 163-A of the Motor Vehicles Act, 1988 and the present appeal, shall be excluded. The award of the Tribunal is set aside. Consequently, appeal is disposed of having become infructuous. Sept. 17, 2010(PC). (Surjit Singh), J.