- (1.) I.C.I.C.I. Lombard General Insurance Company Limited has filed this petition for quashing the order dated 24th February, 2011 passed by the Additional District and Sessions Judge, Court No. 3, Meerut in Motor Accident Case No. 778 of 2008 filed by the claimants who have been arrayed as Respondent Nos. 2 to 4 in this petition The Petitioner has also sought a further relief that the application filed by the Petitioner under Section 170 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') be allowed so as to give a right to the Petitioner to contest the aforesaid case on the grounds available to the insured owner.
(2.) It is stated that claimants-Respondent Nos. 2 to 4 preferred a claim petition under Section 140/166 of the Act seeding compensation on account of the death of Sanjeev Kumar Agarwal in a road accident. This claim petition was numbered as Motor Accident Case No. 778 of 2008. The owner of the vehicle was arrayed as opposite party No 1, while the Petitioner-Insurance Company was arrayed as opposite party No. 2 ft was alleged that the deceased was going to his residence on a scooter when Maruti Zen which was coming from the opposite side hit the scooter of the deceased from the front as a result of which he fell down on the left side of the road with full force and sustained injuries on the head and was declared dead. It was also alleged that the deceased was aged about 46 years and was the proprietor of M/s Vijay Laxmi Printers, Devi Nagar, Surajkund Road, Meerut having a monthly income of Rs. 15,000/-
(3.) The owner of the vehicle filed a Written Statement. In paragraphs 9 and 15 of the Written Statement, it was specifically stated that no accident had taken place with the car of the owner and this fact was also mentioned in paragraph 24 of the Written Statement. It was further stated that the driver of the car was driving it cautiously and very slowly when the deceased came from the front driving the scooter rashly and negligently and as he lost control he hit the wall alongside the road as a result of which he sustained injuries and ultimately died. It was also stated that since the driver of the car had a valid and effective driving license and the vehicle was insured with the Insurance Company, the liability will be that of the Insurance Company.;