IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 610 of 2009 Decided on: 21.09.2011 National Insurance Company Ltd. …Petitioner. Versus Sita Devi & others …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Ms. Seema Sood, Advocate. For the respondents: Mr. Surinder Saklani, Advocate, for respondents No. 1 and 2. Deepak Gupta, J. (Oral) By means of this petition, the Insurance Company has challenged the order passed by the Motor Accident Claims Tribunal-II, Kangra, whereby the application filed under Section 170 of the Motor Vehicle Act had been dismissed on the ground that the Insurance Company has failed to prove that there is collusion between the person making the claim and the person against whom the claim is made, i.e., the claimants and the insured. 2. I have gone through the record of the case and I find that the owner and driver of the vehicle have filed their written statements contesting the claim petition before the learned Tribunal. However, in this Court when notices were issued to the owner and driver of the vehicle, they did not appear despite service. Even after notices, the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. -: 2 :- driver, respondent No. 4, was also served by way of publication, but he did not appear. 3. Be that as it may, at this stage, it cannot be said that there is any collusion between the claimants and the insured. Therefore, the petition is rejected. However, it is made clear that if at the time of recording of the evidence, it is found that the counsel for the insured is not properly cross-examining the claimants or the witnesses, even at the oral request of the counsel representing the Insurance Company, the learned Tribunal can permit him to contest the claim on all grounds. In case, the owner and driver of the vehicle do not contest their claim, then also the Insurance Company shall be entitled to contest the claim on all grounds. The petition is disposed of accordingly. Records of the case be sent back. The learned counsel for the claimants and the Insurance Company are directed to appear before the learned Tribunal on 1st November, 2011. (Deepak Gupta) Judge September 21, 2011 (rajni)