BAJAJ ALLIANZ GENERAL Vs. MEENAKSHAMMA

JUDGEMENT

(1.) This writ petition is filed directing against the award dated 17.8.2010 passed by the District Legal Services Authority, Bangalore Urban, Lok Adalath, Bangalore Urban (Motor Vehicles Claims Tribunal, Bangalore) in MVC No.5056/2009 produced at Annexure-B.

(2.) Brief facts of the case:

(3.) Mr.E.I.Sanmathi, the learned counsel for the petitioner placing reliance on the judgment of the Hon'ble Supreme Court in the case of Bhargavi Constructions and Ors. v. Kothakapu Muthyam Reddy and Ors. [ AIR 2017 SC 4428 ] contends that the writ petition is maintainable against the award passed by the Lok Adalath, if it is obtained by fraud. He further contended that the joint memo was filed on 16.8.2010. In the joint memo, it was shown that the claimant, Smt.Meenakshamma has signed the joint memo. As per the death certificate, the claimant, Smt.Meenakshamma died on 23.3.2010. The legal representative of the claimant has played fraud by forging the month of death of the claimant in order to receive the compensation. He further contended that the legal representative has filed the memo before the Tribunal stating that the amount deposited by the Insurance Company may be refunded as the claimant is no more. Since the party has played fraud in obtaining the award before the Lok Adalath, the award passed by the Lok Adalath is unsustainable.