ORIENTAL INSURANCE CO LTD Vs. R MANI

JUDGEMENT

(1.) The opposite party No. 2 in Workmen's Compensation Case No. 227 of 1997 on the file of Commissioner for Workmen's Compensation, Coimbatore is the revision petitioner. This revision petition is filed under Article 227 of the Constitution of India.

(2.) Respondent No. 1 in this revision filed the claim petition making the respondent No. 2 and the petitioner liable for getting compensation. Respondent No. 1 herein is the driver of a vehicle belonging to the respondent No. 2 and he met with an accident. Making petitioner also liable, he produced an insurance policy. Steps have been taken by the respondent No. 2 against the petitioner. Relying on the insurance policy, award was passed making the petitioner also liable and directed it to pay a sum of Rs. 1,21,099. The insurance policy was marked in the case as Exh. A-5.

(3.) After the award was passed it was found that the policy produced before the court was fabricated and, therefore, the petitioner filed an un-numbered interlocutory application to reopen the award giving various reasons why the award shall not stand as against the petitioner. Authority simply returned the same on the ground that the said application is not maintainable and it is only to protract the recovery proceedings. The same is challenged in this revision under Article 227 of the Constitution of India.