- (1.)This revision petition or/application under Article 227 of the Constitution filed by the Insurance Company is directed against the judgment and award dated 06.01.2010 passed in T.S (MAC) No. 663 of 2005 by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (Court No. 2).
(2.)Heard Mr. S. Datta Choudhury, learned Counsel for the Petitioner-Insurance Company, Mr. Mr. Somik Deb, learned Counsel appearing on behalf of Respondent No. 1, Mr. B. Debnath, learned Counsel appearing on behalf of Respondent No. 2 as well as Mr. SB Debnath, learned Counsel appearing on behalf of Respondent No. 3.
(3.)Only the facts sufficient for deciding the present revision petition are noted.
The T.S. (MAC) No. 663 of 2005 is filed by the Respondent-claimant for compensation for the motor accident of the vehicle ensured with the Petitioner-Insurance Company. In the said MAC case the Petitioner-Insurance Company has been made one of the Respondents. The Petitioner-Insurance Company has limited grounds of defense as provided under Section 149(2) of the M.V. Act in the MAC case. The Petitioner Insurance Company also contested the said MAC case. From the records it is clear that the Petitioner-Insurance Company has not obtained leave under Section 170 of the M.V. Act to contest the claim of the claimant-Respondent on all or any of the grounds which are available to the persons against whom the claim is made.

Unless the leave as provided under Section 170 of the M.V. Act is obtained by the Appellant-Insurance Company, the Appellant-Insurance Company is entitled to defend the claim of the Respondent-claimant only on the limited grounds mentioned under Section 149(2) of the M.V. Act. The learned Tribunal after hearing the case of both the parties passed the impugned judgment and award.