UNITED INDIA INSURANCE COMPANY Vs. RIDHI KAPOOR

JUDGEMENT

(1.) THE petitioner is aggrieved against the order passed by the learned Motor Accident Claims Tribunal, on 3.8.2005, whereby the petitioner-Insurance Company was directed to deposit the process fee, after rejecting the contention of the petitioner that the evidence should be led by the other set of owner and driver of the vehicle first.

(2.) AS per the case of the petitioner, the accident has taken place due to the rash and negligent driving of vehicle bearing Registration No. HR-16-A-844, whereas the claimants have reflected the accident with another vehicle bearing registration No. DL-3-C-0155 insured by the petitioner. The petitioner has been permitted to take over the defence of the owner in terms of Section 170 of the Motor Vehicles Act.

(3.) THE learned Tribunal has found that the question as to which of the vehicles, was involved in accident, is required to be decided on the basis of evidence led by the parties. It is wholly immaterial that which of the set of the respondents are to produce evidence first. The Court is to decide the matter on the basis of the entire evidence.