Hon'ble RASTOGI, J.—Instant petition has been filed by the insurer assailing order dt.22/02/2010 (Ann.4) whereby application filed U/s 170 of Motor Vehicles Act, 1988 has been rejected by Motor Accident Claims Tribunal, Jaipur City in MAC Petition No.66/08 after having assigned the reasons.

2. Respondents-2 to 4 filed claim petition before the MACT in respect of death of Gopal Lal Prajapat who was father & husband of claimants and who died in a motor accident having taken place on 26/10/2007 where motor cycle collied with RSRT Bus No.14-P-8697. There is no dispute that bus No.14-P-8697 owned by RSRTC was insured by Insurance company (petitioner herein) and claim petition has been filed by claimants impleading RSRTC, its bus driver & insurer (petitioner) as party respondents but petitioner-insurer at a later stage filed application U/s 170 of MV Act on the premise that since claim petition is not being properly contested by RSRTC and its bus driver; while the charge sheet was filed against the deceased; in such circumstances, permission was sought for allowing the insurer to contest the claim petition on merits, as well.

3. After taking note of submissions made and material on record, learned Tribunal declined to grant permission as sought for by petitioner (insurer) u/Sec. 170 of M.V. Act. This Court has gone through the order impugned herein and finds no manifest error which may call for interference.

4. Consequently, writ petition fails and is hereby dismissed.

Click Here to Read the rest of this document