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CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J.
Cholamandalam MS General Ins. Co. Ltd. v. Deepa Deshmukh and Others
| Table of Content |
|---|
| 1. the procedure for insurer participation in claims (Para 1 , 2 , 3) |
| 2. review of legal standards (Para 4) |
| 3. interpretation of section 170 (Para 5 , 6) |
| 4. legal precedent regarding insurer defences (Para 7 , 8 , 9 , 10 , 11) |
| 5. judgment dismissal rationale (Para 12 , 13) |
1. The appellant Cholamandalam MS General Ins. Co. Ltd. calls in question the order passed by the learned Claims Tribunal by which its application under S.170 of the Motor Vehicles Act , 1988 (for short 'the MV Act') seeking direction to contest the proceedings on merits has been rejected by the impugned order.
2. In a claim petition filed by respondent Nos. 1 to 3 - claimants, the petitioner insurance company filed an application under S.170 of the MV Act on 20.1.2014 for granting permission to contest the proceedings of claim case on merits under S.170 of the MV Act.
3. The Claims Tribunal, by its impugned order, dated 27.8.2016, has rejected the said application holding that though application was filed on 20.1.2014 but it was not pressed by the petitioner; owner and driver are contesting the proceeding of claim case continuously; and the collusion between the claimants and the owner and driver of th
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