ORIENTAL FIRE AND GENERAL Vs. REKHEI SAHU

JUDGEMENT

(1.) THIS is an appeal by the insurer under Section 110 -D of the Motor Vehicles Act, 1939 (for short 'the Act').

(2.) BEFORE the Tribunal the owner of the vehicle appeared and contested. Accordingly, the permissible zone under which the insurer could contest would be as provided under Section 96(2) of the Act.

(3.) I am afraid, in the appeal of the insurer I cannot go into such question specially when the owner had contested before the Tribunal. In case the insurer would have filed an application before the Tribunal that there was collusion between the owner and the claimant and the same would have been rejected by the Tribunal, in appeal by the insurer I would have considered the allegation of the insurer and in case I would have been satisfied about the allegation of collusion. I would have permitted the insurer to argue the matter on merit also. Such is not the case here. Mr. Mohanty could not bring home the point* within the compass of Section 96(2) of the Act. Accordingly, I am not inclined to interfere with the decision of the Tribunal.