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,

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