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2010 Supreme(Gau) 604

T.NANDAKUMAR SINGH
Oriental Insurance Co. Ltd. – Appellant
Versus
Hiralal Das – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K. Bhattacharjee, Adv.
For Respondents/Defendant: R. Datta, A. Baidya, B. Bhattacharjee and S. Bhattacharjee, Advs.

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 24.07.2009 passed in T.S (MAC) 103 of 2008 by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur.

2. Heard Mr. Mr. K. Bhattacharjee, learned Counsel for the Petitioner-Insurance Company, Mr. R. Datta, Mr. A. Baidya, Mr. B. Bhattacharjee and Mr. S. Bhattacharjee, learned Counsel appearing on behalf of the Respondents.

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

The T.S (MAC) 103 of 2008 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 Section 170 of the M.V. Act to contest the claim of th































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