(1.) THIS writ petition has been filed by the petitioner/ Insurance Company challenging the order dated 23.12.2003 passed by the 1st. M.A.C.T., Mayurbhanj -Baripada in M.A.C.T. Misc. Case No. 67 of 1996.
(2.) HEARD Mr. Roy, learned Counsel for the petitioner.
(3.) THE main ground of challenge of the impugned order in this writ petition is that once the Tribunal has allowed the petition for setting aside the compromise and thereafter recalling the said order as well as directing the petitioner to pay the amount is uncalled for. It was also urged that since the compromise was a conditional one, the Tribunal committed gross error of law in directing the petitioner to pay the amount. The petitioner has also ascertained that the driver of the offending vehicle was not having a valid driving licence at the time of the accident and the driving licence which was produced before the investigating agency is a fake one. Hence this writ petition has been filed by the petitioner for a direction to the Tribunal to proceed with the regular trial of the case giving opportunity to the petitioner to establish its stand that the driver of the offending vehicle did not possess a valid and effective driving licence on the date of the accident and as such it is not liable to pay the compensation amount, indemnifying the owner of the vehicle for violation of the policy condition.