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2010 Supreme(Gau) 610

T.NANDAKUMAR SINGH
Oriental Insurance Company Ltd. – Appellant
Versus
Smriti Bala Das – Respondent


JUDGMENT

T. NK Singh, J.

1. This revision petition or/application under Article 227 of the Constitution filed by the Insurance Company is directed against the judgment and award dated 27.01.2010 passed in T.S (MAC) No. 273 of 2005 by the learned Member, Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala.

2. Heard Mr. K. Bhattacharjee, learned Counsel for the Petitioner-Insurance Company, Mr. B. Saha and Mr. Mr. P.R. Barman, learned Counsel appearing on behalf of Respondents.

3. Only the facts sufficient for deciding the present revision petition are noted.

The T.S (MAC) No. 273 of 2005 is filed by the Respondent-claimant for compensation for the motor accident of the vehicle ensured with the Petitioner-Insurance Company. In the said MAC case the Petitioner-Insurance Company has been made one of the Respondents. The Petitioner-Insurance Company has limited grounds of defense as provided under Section 149(2) of the M.V. Act in the MAC case. The Petitioner-Insurance Company also contested the said MAC case. From the records it is clear that the Petitioner-Insurance Company has not obtained leave under Section170 of the M.V. Act to contest the claim of the claimant-Responde

































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