THE ORIENTAL INSURANCE COMPANY LTD. THRU ITS DIV. MANAGER Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL/A.D.J. AND OTHERS

JUDGEMENT

(1.) LIST revised.

(2.) NO one appeared on behalf of the respondent No. 2.

(3.) RESPONDENT No. 2 filed a Motor Accident Claim Petition No. 183 of 2007 for grant of compensation on the allegation that he had sustained injuries on 09.09.2006 as a result of involvement of vehicle No. UP -35/T -5980 (Tempo). It appears that the said claim petition was amicably settled in full and final settlement in Lok Adalat on 15.07.2008, in terms of which, Rs. 50,000/ - was to be paid by the petitioner to the claimant/respondent No. 2. The settlement of Lok Adalat is annexed as Annexure No. 1 to the writ petition. Subsequently, this settlement was accepted by the Court on 30.07.2008, by which the settlement/compromise recorded earlier, became a part of the award dated 30.07.2008. Subsequently, it appears the petitioner -Insurance company came to know of the fact that the claim petition had been filed on absolutely fictitious/fabricated ground, in as much as, the vehicle i.e. tempo in question was never involved in the commission of the alleged accident, in which the petitioner is alleged to have sustain injury, therefore, the petitioner -Insurance company filed an application for recall/review dated 06.10.2008 for cancellation of compromise dated 15.07.2008 and the consequential decree dated 30.07.2008 be also set aside on the ground that as final report in case No. 697 of 2007 under Sections 279/338 I.P.C. has been submitted by the Investigating Officer concern on the ground that no such alleged accident is said to have taken place involving the commission of the alleged tempo, therefore, the element of fraud is writ large on the face of record.