IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 801 of 2008 (M/S) National Insurance Company Ltd. ……… Petitioner Versus Smt. Neema & others. ……… Respondents Mr. D.S. Patni, Advocate for the petitioner. Hon’ble V.K. Gupta, C.J. The second application under Section 170 of the Motor Vehicles Act, 1988, was filed on the new cause of action that despite having denied the factum of accident in the written statement, the driver and owner in the deposition before the court admitted that the accident, in fact, had taken place. This fact, however, has not been noticed at all in the impugned order dated 18th March, 2008. Whether the admission of the factum of accident would amount to collusion between the claimants and owner and driver, is indeed an issue, which had fallen for consideration before the Tribunal for deciding Section 170 application. However, the learned Tribunal omitted to take into account this relevant factor. The impugned order is set aside. The learned Tribunal is directed to reconsider and dispose of, afresh, Section 170 application based on the aforesaid observations. The writ petition is disposed of. (V.K. Gupta, C.J.) 14.05.2008 G