United India Insurance Co. Ltd. vs Parpudi Krishna Kumari And Ors. on 13 September, 2002
1. This appeal is made by the insurance company against an award of the Motor Accident Claims Tribunal dated 14th August, 2007 under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (hereinafter called as the 'Act') on account of wrong fixation of quantum of compensation and negligence of the deceased. An application was made by the insurance company under Section 170 of the Act to contest the claim on the ground of collusion between owner of the vehicle and the claimant of the compensation which was rejected by the tribunal on or about 2nd July, 2007. A limited observation has been made by the tribunal which implies that since owner has already filed his objection against the claim of the claimant, the application of the insurance company can not be entertained. Therefore, on the ratio of the judgment reported in 2003 (7) S.C.C. 212 (United India Insurance Co. Ltd. v. Jyotsnaben Sudhirbhai Patel) followed by this Division Bench in F.A.F.O. No. 2087 of 2007 (United India Insurance Co. Ltd. v. Krishna Kumar and Ors.), delivered on 1st August, 2007 and circulated to all District Judges of the State of Uttar Pradesh, we can construe that minimum reason as above will suffice the cause of disposal with reasons to meet the technicality.