National Insurance Co.Ltd. vs Mumtaz & Ors
2009 Latest Caselaw 4044 Del

7
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +     CM(M) No.659/2008

%                                Date of decision: 7th October, 2009


      NATIONAL INSURANCE CO.LTD.           ..... Petitioner
                    Through : Mr. Pradeep Gaur and
                              Mr. Amit Kumar Pandey, Advs.


                        versus


      MUMTAZ & ORS                           ..... Respondents
                        Through : Mr. Sanjib Dutta and
                                  Mr. Naseem Akhtar, Advs.
                                  for R - 1 and 2.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may             No
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?            No

3.      Whether the judgment should be                    No
        reported in the Digest?


                         JUDGMENT (Oral)

1. The petitioner has challenged the order dated 8 th April,

2008 passed by the learned Tribunal whereby the learned

Tribunal has dismissed the petitioner's application under Section

170 of the Motor Vehicles Act.

2. The accident dated 2nd August, 2006 resulted in the death

of Rizwanullah. The deceased was survived by his parents who

filed the claim petition before the learned Tribunal against the

driver, owner and Insurance Company of the offending vehicle.

3. The driver and owner of the offending vehicle were duly

served but did not appear before the learned Tribunal and were

proceeded ex-parte.

4. The petitioner filed an application before the learned

Tribunal under Section 170 of the Motor Vehicles Act on the

ground that the driver and owner were not contesting the petition

and have been proceeded ex-parte. It was further contended

that there appears to be collusion between the owner and the

driver of the offending vehicle.

5. The learned counsel for claimants/respondents No.1 and 2

submit that without prejudice and without admitting the

allegation of collusion made by the petitioner in the application

before the learned Tribunal, the claimants/respondents No.1 and

2 do not oppose the petition.

6. In the facts and circumstances of this case and noting that

the driver and owner of the offending vehicle are not contesting

the claim petition before the learned Tribunal and further that the

claimants/respondents do not oppose the petition, the petition is

allowed and the impugned order dated 8th April, 2008 is set aside.

7. The petitioner's application under Section 170 of the Motor

Vehicles Act is allowed and the petitioner is permitted to take

over the defence of owner and driver of the offending vehicle to

contest the claim petition before the learned Tribunal in

accordance with law.

8. The LCR be sent back forthwith.

9. The parties are directed to appear before the learned

Tribunal on 27th October, 2009.

10. Copy of this order be given 'Dasti' to learned counsel for

both the parties under signatures of Court Master.

J.R. MIDHA, J OCTOBER 07, 2009 mk