BRANCH MANAGER Vs. SHANAZ BEGAM

JUDGEMENT

(1.) AS against the dismissal of the two Interlocutory Applications filed by the revision petitioner/second respondent-Insurance Company in the MCOP, to receive additional counter affidavit and to receive two additional documents, the present two revisions are filed.

(2.) ACCORDING to the revision petitioner/Insurance Company, at the time of filing of the counter, they did not have the investigation report and the copy of the letter sent to CBCID office and the reply received from them for making an enquiry and therefore the delay in filing the documents is not wanton or willful.

(3.) BUT, Section 170 of the Motor Vehicles Act makes it clear that if there is a collusion between the person making the claim and he person against whom the claim is made, or the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaed as a party to the proceeding and the insurer so impleded shall thereupon have, without prejudice to the provisions contained in Sub section (2) of Section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made.