Ved Pal, J.

This revision u/s 115 of the CPC has been filed by the revisionist, New India Assurance Company Ltd. against the order dated 21.9.2006, passed by the Motor Accident Claims Tribunal/Additional District Judge (Special Judge Ayodhya Prakaran), Lucknow in Claim Petition No. 390 of 2003, Rakesh Kumar v. Mr. Khursheed Ahmad and Ors. whereby application of revisionist herein, moved u/s 170 of the Motor Vehicles Act was rejected.

2. The brief facts relevant for the decision of this revision are that Rakesh Kumar had filed a Claim Petition No. 390 of 2003 u/s 166 of the Motor Vehicles Act against the owner, driver and insurance company of the alleged offending vehicle. The owner of the vehicle filed written statement against the petition but when claimant examined his witness, he did not turned up to cross-examine the witness, therefore, the insurance company moved an application u/s 170 of the Motor Vehicles Act alleged that the owner of the vehicle is in collusion with the claimant and has failed to contest the claim, therefore, insurance company be permitted to contest the claim of all the ground which are available to the owner of the vehicle. This application was re