IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 585 of 2008 (M/S) With Recall / Restoration Appn. No. 653 / 09 Delay Condonation Appn. No. 7756 / 09 [ United India Insurance Company Ltd. Through Divisional Manager, Divisional Office, Nainital Road, Haldwani, District Nainital. ...…………. Applicant / Petitioner Versus Motor Accident Claims Tribunal and seven others . ...………… Respondents Ms. Menka Tripathi and Mr. Naresh Pant, Advocates for the applicant / petitioner. Mr. G.C. Lakhchaura, Advocate for claimants / respondents No. 2 to 7. Hon’ble Prafulla C. Pant, J. This is Application No. 7756 of 2009, for condonation of delay in moving the Restoration Application M.C.C. No. 653 of 2009, for restoration of Writ Petition No. 585 (M/S) of 2008, which was dismissed for non-prosecution on 17th of July 2009. 2) Heard and perused the affidavit accompanying the application. There is delay of 13 days in moving the restoration application which is sufficiently explained in the affidavit filed by Mr. S.K. Pant, Divisional Manager of the petitioner company. Therefore, the delay condonation application is allowed. Delay is condoned. 3) Also, heard on restoration application and perused the affidavit accompanying the application. The cause shown for absence on the date fixed is found sufficient. Therefore, the restoration application is allowed. 4) The writ petition is restored to its original number. 5) Learned counsel for the parties to the writ petition submitted that this writ petition may be decided today itself, as proceedings of the claim petition pending before the Motor Accident Claims Tribunal, are held up due to the interim stay order dated 1st of April 2008. 6) On the request of learned counsel for the parties, the writ petition was heard on merits. 7) By means of this writ petition, the petitioner i.e. United India Insurance Company Limited has challenged the order dated 27.02.2008, passed by the Motor Accident Claims Tribunal / Additional District Judge, Kashipur, District Udham Singh Nagar, in M.A.C. Case No. 24 of 2007, Usha Rani and others Vs. Zakir Hussain and others. 8) It appears that some accident took place on 26.10.2006, on Fatehpur road, involving Truck registration No. UP30 A / 6425. The claimants who are the respondent No. 2 to 7 in this writ petition, filed claim petition before the Motor Accident Claims Tribunal, claiming compensation amounting to Rs. 20,30,000/-. In said claim petition notices were issued to the owner of the vehicle i.e. Zakir Hussain (respondent No. 8). It appears that respondent No. 8 filed his written statement stating that the vehicle was insured with the petitioner i.e. United India Insurance Company Limited, and did not contest there after. 9) During the pendency of the claim petition, United India Insurance Company Limited (present petitioner) moved an application under Section 170 of the Motor Vehicles Act, 1988, seeking permission to contest the claim petition, on all the grounds (copy of said application is annexed as Annexure –6 to the writ petition). In said application, the Insurance Company alleged that the driver and the owner of the vehicle are now not contesting the claim petition, as such, the Insurance Company should be allowed to contest the claim petition on all the grounds. 10) Having heard learned counsel for the parties and after going through the papers on record, this Court finds that the Motor Accident Claims Tribunal has erred in law in rejecting the application of the petitioner United India Insurance Company Limited, merely on the ground that the owner had filed the written statement before the Motor Accident Claims Tribunal, particularly when the owner of the vehicle has lift contesting the claim petition. 11) Therefore, the writ petition is allowed. The impugned order dated 27.02.2008, passed by the Motor Accident Claims Tribunal, is quashed. The application under Section 170 of the Motor Vehicles Act, 1988, moved on behalf of the petitioner company shall stand allowed. The interim order dated 01.04.2008, passed by this Court automatically stands vacated. [ (Prafulla C. Pant, J.) Dt. September 15, 2009. H. Negi