RELIANCE GENERAL INSURANCE CO LTD Vs. NEELAM NAGPAL

JUDGEMENT

(1.) By way of this revision petition, Reliance General Insurance Company Limited, the insurer of truck bearing registration No.RJ-18GA-1502 has challenged the order dated 31.1.2011 passed by learned Motor Accidents Claims Tribunal, Gurgaon, vide which the application of the petitioner under section 170 of the Motor Vehicles Act, 1988 (for short, "the Act") has been dismissed. Neelam Nagpal and others had brought a claim petition under section 166 of the Act arraying the driver and owner of the truck in question as respondents No. 1 and 2 and the petitioner as respondent No. 3. Claiming that the claimants and the other respondents have colluded with each other, application under section 170 of the Act was made vide which prayer was made to allow the petitioner to contest the petition on all grounds. The said application has been dismissed.

(2.) I have heard Mr. Manmohan, learned counsel for the petitioner and Mr. Rajan Bansal, learned counsel for respondents No. 1 to 3. I have gone through the record carefully.

(3.) The question of permission to contest the claim petitions filed under sections 166 and 163-A of the Act on grounds other than the grounds available under section 149(2) of the Act used to vex the courts often. The said question has been set at rest by Hon'ble Supreme Court of India in United India Insurance Co. Ltd. v. Shila Datta and others., 2011 164 PunLR 806:Civil Appeal Nos. 6026-6027 of 2007, decided on 13.10.2011, where it has been held as under:-