Motor Vehicles Act, 1988, Section 166 r/w Section 170 and Section 149(2)

Motor Vehicles Act, 1988—Section 166 r/w Section 170 and Section 149(2)—Motor accident—Claim petition—Held, the claim petition is maintainable against the owner and driver without impleading the insurer as a party—The Act does not require the claimants to implead the insurer as a party respondent—But it can however be made a party-respondent either by the claimants voluntarily in the claim petition or by the direction of the Tribunal under section 170 of the Act— 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.

File Name:- SC_MARCH 2012_6