CW 8065/10

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In the High Court of Judicature for Rajasthan

Jaipur Bench

**

Civil Writ Petition No.8065/2010

National Insurance Co. Versus

Motor Accident Claims Tribunal & Ors

Date of Order ::: 05/07/2010

Hon'ble Mr. Justice Ajay Rastogi

Mr. RP Vijay, for petitioner

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.

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

CW 8065/10

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against the deceased; in such circumstances,

permission was sought for allowing the insurer

to contest the claim petition on merits, as

well.

After taking note of submissions made

and material on record, learned Tribunal

declined to grant permission as sought for by

petitioner (insurer) U/s 170 of MV Act. This

Court has gone through the order impugned

herein and finds no manifest error which may

call for interference.

Consequently, writ petition fails and

is hereby dismissed.

(Ajay Rastogi), J.

K.Khatri/p.2/

8065CW2010July5Ds.doc