NATIONAL INSURANCE CO. LTD. Vs. SHEKAHOTO

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India is directed against the order dated 20.3.2007 passed by the learned Member, Motor Accident Claims Tribunal -I, Dimapur, Nagaland, in MAC Case No. 45 of 2006. By the impugned order aforesaid, the learned Tribunal rejected the prayer of the petitioner -Insurance Company filed under Section 170 of the M.V. Act, 1988 to contest the claim on all the grounds that are available to the owner of the vehicle.

(2.) I have heard, Mr. B.N. Sarmah, learned Counsel appearing on behalf of the petitioner, Insurance Company and Mr. T.B. Jamir, learned Counsel for respondent Nos. 2 and 3.

(3.) MR . B.N. Sarmah, learned Counsel for the petitioner submitted that the petitioner, Insurance Company contested the case by filing written statement and was also allowed by the learned Court to cross examine all the witnesses adduced by the claimant on all such points on the merit of the claim. However, when it was detected by the Insurance Company that the owner of the vehicle had entered into a collusion with the claimant to facilitate hefty payment of compensation from the Insurance Company, an application under Section 170 of M.V. Act, 1988 was filed, which however, was rejected by the learned Member, Motor Accident Claims Tribunal by it 'sorder impugned, dated 20.3.2007.