CHOLAMANDALAM MS GENERAL INSURANCE CO LTD Vs. DILSHAD

JUDGEMENT

(1.) The present revision is directed against the order of the Motor Accident Claims Tribunal (V Court of Small Causes), Chennai dated 18.03.2010 made in M.P. No. 99 of 2010 in M.C.O.P. No. 5790 of 2004 under Section 170 of the Motor Vehicles Act.

(2.) The Insurance company, the second Respondent in the M.C.O.P. preferred by the first Respondent herein, has filed the application under Section 170 of the Motor Vehicles Act, seeking permission to contest the claim on all grounds. The said application made in M.P. No. 99 of 2010 was dismissed by the Motor Accident Claims Tribunal, referred to above and the present revision is directed against the said order.

(3.) Mr. K.S.Narasimhan, learned Counsel for the Petitioner contended that since there was No. proper prosecution by the owner of the vehicle, it was necessitated for the Insurance Company to file an application under Section 170 of the Motor Vehicles Act. While so, the Motor Accident Claims Tribunal, Chennai without looking into the matter in proper perspective, has dismissed the said application and hence the present revision was filed. He has also taken me to the averments made in the application and the orders passed by the Motor Accident Claims Tribunal, Chennai.