ORIENTAL INSURANCE CO LTD Vs. ANARA DEVI

JUDGEMENT

(1.) The Appellant Oriental Insurance Co. Ltd. impugns a judgment dated 11.02.2002 whereby a compensation of Rs. 3,58,500/- was awarded in favour of the Respondents No.1 to 6 for the death of the deceased Shitla Prasad Shukla who died in a motor accident which occurred on 13.01.1995.

(2.) The ground of challenge is that the cover note Ex.RW1/A in respect of the offending vehicle bus No.DBP-906 was fraudulently obtained after the accident and the Insurance Company had no liability to pay the compensation.

(3.) It is the admitted case of the parties that the cover note Ex.RW1/A was issued on 13.09.1994 i.e. on the date of the accident. The amount of compensation was released to the Claimants by an order of this Court dated 26.04.2002 and 15.09.2003. Thus, what is required to be seen in the instant Appeal is whether the cover note was fraudulently obtained and if the Appellant Insurance Company is entitled to recovery rights against the Respondent No.8, owner of the offending vehicle.