Denial of insurance

Vijay Kumar (Querist) 26 May 2009 This query is : Resolved
In an MACT case, the respondent insurance company has specifically denied the fact that the offending vehicle was insured by it.

Now the insurance company has moved an application u/s 170 of MV Act to take all defences that are available to the owner and driver of offending vehicle.

Please advise how to oppose. Is there any case-law on this point.

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adv. rajeev ( rajoo ) (Expert) 27 May 2009
Dear vijay,
When owner or driver failed to contest the case insurance co., will file an appliction to cross exam the petitioner in detail by taking all the defences available to the onwer and driver of the offending vehicle.
Another advantage of filing 170 appliction is that when an appeal will be filed against the judgement and decree in the High court then Court will ask for 170 application whether it was filed or not.
Court wil allow the 170 application, there are so many judgements on 170 application. Dont oppose for the application.