Alok Sharma, J. - (1.) COUNSEL for the petitioner -Insurance Company and the respondents -claimants have fairly agreed that in the context of the latest position of law, as enunciated by the Hon'ble Supreme Court in the case of United India Insurance Company Limited vs. Shila Datta And Others, : 2012 (1) WLN 51 (SC) : (2011) 10 SCC 509, the petitioner -Insurance Company, having been impleaded as party in the claim petition, would be entitled to raise all defences under Sec. 170 of the Motor Vehicles Act, 1988. They fairly agreed that in this view of the matter, writ petition deserves to be allowed. The Hon'ble Supreme Court in the case of United India Insurance Company Limited (supra) has held that where the insurer is a party respondent either on account of the impleadment as a party by the Tribunal under Sec. 170 or being impleaded as a party respondent by the claimant/s in the claim petition voluntarily, it will be entitled to contest the matter by raising all grounds, without being restricted to the grounds available under Sec. 149(2) of the Motor Vehicles Act, 1988. The categorical nature of the enunciation of the law laid down by the Hon'ble Supreme Court is evident from its observation that, "whatever be the reason or ground for the insurer being impleaded as a party, once it is a party respondent, it can raise all contentions that are available to resist the claim."
(2.) CONSEQUENTLY , as agreed by counsel for the parties, writ petition is allowed. Order dt. 26.11.2010 passed by Motor Accidents Claim Tribunal, Jaipur City, Jaipur in Claim Petition No. 1035/2009, titled Smt. Antar Kanwar & Ors. vs. Pooran Mal & Ors. is quashed and set aside. It is directed that the petitioner -Insurance Company would be entitled to raise all defences and lead evidence with reference to Section 170 of the Motor Vehicles Act, 1988, qua the claim of the claimants -respondents. Stay application is disposed of accordingly.;