NATIONAL INSURANCE COMPANY LTD Vs. NEETU

JUDGEMENT

(1.) LEARNED Counsel for the appellant is heard on LA. No. 1 (application for condonation of delay in filing the appeal). On due consideration of the submissions of learned Counsel for the appellant, we are satisfied that the appellant has succeeded in showing sufficient cause for the delay in filing the appeal. Therefore, I.A. No. 1 is allowed and the delay in filing the appeal is hereby condoned. LEARNED Counsel for the appellant is heard on admission.

(2.) THIS is insurer's appeal against the award dated 11-5-2007, passed by the Additional Motor Accidents Claims Tribunal, Mungeli, District Bilaspur (for short "the Tribunal") in Claim Case No. 80/2006. As against the compensation of Rs. 30,35,000/- claimed by the claimants, unfortunate widow and children of deceased Umashankar Dubey, for his death in the motor accident on 19-7-2006 when the bus bearing registration number CG07-ZA-0395, in which he was travelling met with an accident due to the rash and negligent driving of its driver, the Tribunal awarded a compensation of Rs. 5,48,750/- with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) BUT such application for permission has to be bonafide and filed at the stage when the insured is required to lead his evidence. So far as obtaining compensation by fraud by the claimant is concerned, it is no longer res integra that fraud vitiates the entire proceeding and in such cases it is open to an insurer to apply to the Tribunal for rectification of award.