- (1.) In the present case New India Assurance Co. Ltd. in Motor Accident Claim Petition No. 421 of 2007 moved an application under Section 170 of Motor Vehicles Act for according permission to put forth its point of view. On the said application being moved, objection has been filed and thereafter Motor Accident Claims Tribunal has found that there is no collusion in between claimant and owner of the Vehicle and matter has been effectively being pleaded, and in such a situation said application has been rejected. At this juncture present writ petition in question has been filed.
(2.) Sri Rahul Sahai, advocate, learned Counsel for the petitioner contended with vehemence that in the present case facts and circumstances of the case warranted allowing of application under Section 170 of Motor Vehicles Act as collusion was writ apparent in between the claimant and owner of the vehicle, and as such writ petition deserves to be allowed.
(3.) Countering the said submission, Sri Nigmendra Shukla, advocate, learned Counsel for the respondent on the other hand contended that application moved on behalf of the insurance company is merely based on apprehension whereas there is genuine contest in between claimant and the owner and their behaviour and nature is of true adversary of the vehicle, as such writ petition deserves to be dismissed.;