( 1 ) BY consent of the parties the appeal is treated as on day's list and both the appeal and the application are taken up together for hearing. The instant appeal is preferred by the Oriental Insurance Company Limited against an award passed by the Motor Accidents Claims Tribunal, 5th Court, Alipore, South 24-Parganas. The respondent has raised the question of maintainability of this appeal in view of the fact since the conditions under Section 170 have not been complied with by the Tribunal according to him. Section 170 of the Motor Vehicles Act, 1988 is set out hereinbelow :"170. Impleading insurer in certain cases.-Where in the course of any inquiry, the Claims Tribunal is satisfied that - (a) There is collusion between the person making the claim and the person against whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceedings and the insurer so impleaded shall thereupon, have, without prejudice to the provisions contained in sub-section (2) of S