NEW INDIA ASSURANCE CO LTD Vs. DHANI DEVI

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE present writ petition has been preferred to challenge the order passed by the Motor Accidents Claims Tribunal - I, Jodhpur dated 12-11-2009 (Annexure 5) whereby the petitioner insurance company's application filed under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988' for short) seeking permission to contest the claim of the respondents-claimants has been rejected with costs of R.300.

(3.) THE respondents even after agreeing for allowing the insurance company to cross-examine the witnesses of the claimants submitted an application under Section 151, Civil Procedure Code pointing out that the petitioner misled this court by placing on record the copy of the order-sheet dated 12-11-2009 (Annexure 5) and that was not the order itself but was the copy of the order-sheet only. According to the claimants, the Motor Accidents Claims Tribunal passed the order on the back of the application submitted by the petitioner insurance company under Section 170 of the Act of 1988. The said order as drawn on the back of the application under Section 170 of the Act of 1988 is as under: (Omitted as in vernacular)