RAM KRISHNA GAUTAM, J.

1. This First Appeal From Order under Section 173 of Motor Vehicle Act, 1988, has been filed by United India Insurance Co. Ltd. through Divisional Manager, H.K. House, Delhi Road, Meerut, against Smt. Rekha Singh and three others, claimants, as well as Raj Pal Goswami, respondent, challenging the legality and validity of judgment and Award dated 21.8.2010 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 11, Meerut, in M.A.C.P. No. 217 of 2009, Smt. Rekha Singh and Others vs. Raj Pal Goswami and Others, with this contention that the judgment is based on perverse findings of facts and is contrary to law as well as precedents.

2. The appellant-Insurance Company moved an application u/s 170 of the Motor Vehicle Act, 1988, which was allowed by the Tribunal vide order dated 8.10.2009 thereby the appellant has, without prejudice to the provisions contained in sub-section 2 of Section 149 of the Motor Vehicle Act, right to contest the claim on all grounds that are available to the insured owner. Deceased was employed as Senior Auditor in Sahkari Samiti, Panchayat Vibhag, Ghaziabad, and as per evidence on record his monthly salary