LAWS(SC)-2000-3-21

UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJENDRA SINGH

Decided On March 14, 2000
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
RAJENDRA SINGH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) If what the appellant-Insurance Company now says is true, then a rank fraud had been played by two claimants and wangled two separate Awards from a Motor Accident Claims Tribunal for a bulk sum. But neither the Tribunal nor the High Court of Allahabad, before which the Insurance Company approached for annulling the awards, opened the door but expressed helplessness even to look into the matter and hence the Insurance Company has filed these appeals by Special leave.

(3.) "Fraud and justice never dwell together." (Frans etjus nunquam cohabitant) is a pristine maxim which has never lost its temper over all these centuries. Lord Denning observed in a language without equivocation that "no judgment of a Court, no order of a Minister can be allowed to stand if it has been obtained by fraud, for, fraud unravels everything" (Lazarus Estae Ltd. v. Beasley, 1956 (1) QB 702.)