NATIONAL INSURANCE CO LTD Vs. MURTI DEVI

JUDGEMENT

(1.) HEARD counsel. Learned counsel for the appellant contends that a fraud had been committed on the insurance company and that had not been taken note of by the learned Tribunal while passing the impugned award. Even according to the learned counsel for the appellant, the fraud allegedly purported by the claimants had come to the knowledge of the insurance company even while proceedings were on before the Tribunal. But, yet the appellant had not filed an application under section 170 of the Motor Vehicles Act and obtained an order to contest the claim petition on all grounds that are open to the owner of the vehicle insured. Having failed to do so, we are of the view that the appeal itself is not maintainable in view of the Division Bench decision of this court in National Insurance Co. Ltd. v. Balbir Kaur, 2001 ACJ 555 (P&H). But yet the learned counsel for the appellant contends that this could be treated as a writ petition and appropriate orders be passed. In view of this, it is ordered that this appeal be treated as writ petition. Registry is directed to give it an appropriate number.

(2.) AFTER having heard the counsel for the petitioner, we are of the view that if there was any fraud committed by the claimants, it is open to the petitioners to move an appropriate application before the Tribunal either under section 151 or 152 or 153 of the Civil Procedure Code for recalling the award. If and when such application is moved, the Tribunal shall consider and pass appropriate orders. Therefore, we dispose of this petition with a direction that the petitioner if so advised may move an application under section 151, 152 or 153 of the Civil Procedure Code for appropriate relief. If and when such application is filed, the same shall be considered and disposed of by the Tribunal in accordance with law. Disposed of accordingly. Dasti. Case remanded. Petition allowed.