ORIENTAL INSURANCE COMPANY LTD Vs. LAXMI DEVI

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner Oriental Insurance Company against the interim award dt. 18.12.1999 and the final award dt. 27.09.1999 with the prayer that amount deposited in the F.D.R. pursuant to the award of the Motor Accident Claims Tribunal, Jaipur dt. 27.09.1999 may be directed to released to the petitioner and respondents No. 1 to 4 may be directed to release such amount it has already been withdrawn by them pursuant to interim -order and final award.

(2.) CONTENTION of Shri Kishan Swamy, learned Counsel for the petitioner is that even though father and mother of the deceased filed claim petition before the MACT, Jaipur which resulted in the interim -award dt. 18.12.1999 and final award dt. 27.09.1999 passed on that premise in Lok Adalat but the petitioner later on came to know that wife and minor sons of the deceased each has separately filed a claim petition before the MACT Ajmer which was later on transferred to MACT, Beawar. This fact was altogether not known to either the MACT, Jaipur or to the petitioner, compensation was thus obtained by the claimant -respondents fraudulently. Interim -order of compensation passed in favour of the wife and the minor son is liable to be set -aside and the compensation paid to them may be directed to be recovered and paid to the petitioner.

(3.) SHRI Sandeep Mathur, learned Counsel for respondents No. 3 and 4 although has opposed the writ petition and has submitted that claimant respondent No. 1 is not genuine wife of deceased Jagdish and therefore Kamlesh cannot be said to be his son and that an other claim petition is liable to be rejected particularly when they have chosen not to appear before this Court in response to the notice issued to them.