- (1.) This appeal is filed by the Insurance Company challenging the award dated 12th Febraary, 2007.
(2.) The initial questions which have been raised before this Court by the learned Counsel appearing for the Insurance Company are as follows: (i) Whether wife of the deceased is entitled to claim compensation on account of her minor daughter when an earlier award to such extent is preexisting And (ii) whether the second Motor Accidents Claim petition, which is virtually the third one, can be entertained when earlier one is dismissed as withdrawn without granting any liberty to file a fresh .
(3.) So far as the second point is concerned this is hypertechnical in nature. Before passing of the order of withdrawal of the claim petition No. I of 2001 on 23rd February, 2001, the third claim petition being claim petition No. 114 of 1991 had already been filed on 22nd February, 2001. Therefore, no leave is required to file a fresh petition since the third Motor Accident Claims petition was existing at the time of the dismissal of earlier one.;