PUSPHA MALA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) This Civil Revision Petition has been filed praying to to set aside the fair and decretal order passed on 04.01.2011 by the learned Motor Claims Tribunal (Additional District Judge/EC Court), Thanjavur in I.A.No.587 of 2010 in M.C.O.P.No.908 of 2009.

(2.) The petitioner is the claimant in M.C.O.P.No.908 of 2009, on the file of the Motor Accident Claims Tribunal (Additional District Court/E.C Court), Thanjavur. She has filed the claim petition for compensation of L15,00,000/- for the death of her mother viz., Vasambal in a motor vehicle accident. Pending enquiry, the first respondent in M.C.O.P.No.908 of 2009 has filed a counteraffidavit stating that the vehicle belonging to the first respondent never involved in the accident and the second respondent/Insurance Company has also filed a counter-affidavit stating that the owner of the vehicle bearing Registration No.TN 49-AC-9041 is not co-operating with the Insurance Company, but takes sides with the claimant. There is a tacit collusion between the claimant and the vehicle owner. The vehicle owner and the claimant have not made any claim with the Insurance Company before initiating the legal action against them. The owner of the vehicle seems to be indifferent in supporting the cause and the claim of the Insurance Company and the Insurance Company has to raise all objections and defences, as would be taken by the vehicle owner, for which it has filed an application under Section 170 of the Motor vehicles Act.

(3.) The learned Motor Accident Claims Tribunal/ Additional District Judge, Thanjavur has allowed the application by observing that since the vehicle owner is not co-operating with the Insurance Company, the Insurance Company is allowed to invoke Section 170 of the Motor Vehicles Act. This is the order challenged by the Claimant before this Court in this revision.