GURUWARIN BAI Vs. LAKHAN LAL

JUDGEMENT

(1.) Being aggrieved by the award dated 03.05.2014 passed in Claim Case No. 31 of 2013 by the Additional Motor Accident Claims Tribunal (FTC), Korba (C.G.), the Appellants/Claimants, unfortunate wife and children of deceased- Horilal Sahu, have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988.

(2.) Learned counsel for the Appellants/Claimants submits that on advice of counsel, the Claimants had filed application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') before the Tribunal, but now they want to file application under Section 163A of the Act before the Tribunal. Therefore, the Claimants/Appellants want to withdraw the application filed under 166 of the Act before the Tribunal and want to file afresh application under Section 163A Act before the Tribunal which is benevolent provisions for the survivors of the deceased.

(3.) It is not disputed by learned counsel for the Respondents that if the Appellants/Claimants want to withdraw the application filed under Section 166 of Act before the Tribunal at appellate stage, according to the law, they have own choice to withdraw application. Previously the Claimants had ample opportunity before the Tribunal, but they failed to prove their case, therefore, in these circumstances appropriate order should be passed.