W HIGH CDURT OF JUDICATURE CHHATTISGARH : BILASPUR (DIVISION BENCH) . e Coram : Hon’ble Shri S.R. Nayak, CJ & Hon’ble Shri D.R. Deshmukh, J. Misc. Aggeal No. 714 of 2005 APPELLANT United India lnsutance Company (Nah-applicant No.2) Limited, Through Its Divisional Manager, V‘ Respondents (Applicant) (Non-appl. No.2) (Non-appl. No.3) Divisional Office Main Road Korba. Tallsil and District Korba (C.G.) Vs. 1. Dilip Kumar $ingh, S/O Triyogi Singh, aged about 42 years, R/o village Kama, Tahsil Rohtas, Distt. Rohtas (Bihar) about 30 years, R/o Kharsiya, Distt. Raigarh (C.G.) 2. Neeraj Patel Slo Balaram Patel, aged 3. Vijay Jamnik S/o Late L.A. Jamnik, aged about 36 years, Occupation Service, R/o D.C. Road, Ambikapur, Distt. Surguja (C.G.) Present : Shri Dashrath Gupta, learned counsel for the appellant. The fol S.R. Nayak, OJ. 0 R A L O R D E R (Passed on 02"“ January, 2006) lowing order of the Court was passed by .v: In this appeal preferred by the Insurance Company, it is contended that the driver of the other vehicle involved in the accident i.e. truck, had con ility to pay compensation could not have been fastened on the appellant - insurance company. This contention requires to be noticed is only to be rejected. in the first instance, such a plea is not the insurance company before the MACT. therefore, entire liab tributed negligence in causing accident and taken in the written statement/ statement of objections med by “riviv , . ‘r Further, the insurance company - appeuant has not adduced any evidence to prove that fact. It is needless to state that the question whether the driver of the truck contributed negligence in causing accident is hundred percent a question of fact. Admittedly. the appeHant - insurance company did not seek permission of the MACT under Section 170(b) of the Motor Vehicles Act, 1988 to contest the ciaim of the claimants on rnerit. Looking from that angle also, the V e contention now urged by the appellant - insurance company touching merits of the matter could not be countenanced. The appeal is devoid of merit and it is accordingly dismissed. There shall be no ordf$§:/_ i sdl- /‘ sd/-: Dirip Raosaheb Chief JUSUte; Judge Deshmukh