UNITED INDIA INSURANCE CO LTD Vs. SHAMIM BANOO

JUDGEMENT

(1.) THIS revision petition presented under Section 115 of the Code of Civil Procedure, 1908 (for short, 'the Code') is directed against the order dated 29.9.1993 passed by III Additional Member, M.A.C.T., Dewas, in Claim Case No. 6 of 1990, thereby dismissing two applications moved under Order 13, Rule 10 and Order 16, Rules 1 and 2 of the Code by the applicant of this case.

(2.) BRIEFLY stated, the facts of the case are that NA has filed the claim case for the award of compensation. In this case, owner and driver of the vehicle insured with the applicant, remained ex pane and did not contest the claim. The applicant wanted to contest the same on the grounds available to the aforesaid persons in terms of Section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act'). The aforesaid provision contained as under:

(3.) I have heard Mr. Dandwate, learned counsel for the applicant.