IMPORTANT POINT
The main legal point established in the judgment is the court's authority to set aside an order obtained by fraud and the importance of proper investigation by the Insurance Company.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for respondent Nos. 1-3.

2. The instant appeal is filed under Section 173 of the Motor Vehicles Act of 1988 against the Judgment & Award dated 05.07.2014 passed by the learned Additional District Judge No. 2, Kamrup (M) in MAC Case No. 2277/2010 filed under Section 166 of the Motor Vehicles Act, 1988.

3. The facts of the case narrated in the impugned Judgment in brief is that, on 06.11.2010 at about 12 midnight, while the deceased Abhijit Das was coming by his own Motor Cycle bearing Registration AS-01/AH-5390 from Maligaon Chariali towards Lachit Nagar, when he reach Maligaon Railway Gate No. 3, the offending vehicle AS-91-AP/4138 (Santro Car) driven in a rash and negligent manner knocked him down from the back side. As a result of the accident, the said Abhijit Das sustained grievous injuries and was immediately admitted at GNRC Hospital, Guwahati. However, on 09.11.2010 the said Abhijit Das succumbed to his injuries and the post mortem on the death body was conducted in the hospital.

4. At the relevant time the Santro Car was driven by the opposite parties/respondent No. 3 and was insured with opposite party No. 1/instant appellant. The Insurance Company in the written statement claimed that the amount of compensation claimed by the claimant was highly in calculated and that the Insurance Company decline to accept liabilities. The opposite party No. 2/owner of the vehicle and opposite party No. 3, the Driver did not contest the case by filing their written statement. The case then proceeded ex-parte against them.

The following issues were framed by the learned Trial Court:

(i) Whether the victim, Shri Abhijit Das died as a result of injuries sustained by him in the alleged road accident dated 06.11.2010 involving Vehicle No. AS-01-AP/4138 and whether the said accident took place due to rash and negligent drive of the driver of the offending vehicle?

(ii) Whether the claimant is entitled to get any compensation, if yes, to what extent and by whom amongst the opposite parties, the said compensation amount will be payable?

5. The learned trial court after considering the evidence adduce by the claimant and the Insurance Company found that the claimant are entitled to get Rs. 28,00,000/- (Rupees twenty eight lakhs) only with an interest @ 6% per annum from the date of filing the claimed petition i.e. 21.12.2010 till payment from the opposite party No. 1, New India Assurance Company Limited. The learned trial court found that there was no dispute to the fact that there relevant time of the accident, the offending vehicle AS-01/AP-4138 (Santro Car) was insured with the New India Assurance Company Limited and was driven by the opposite party No. 3 having valid licence. As such, the compensation was to be paid by the Insurance Company/Opposite Party No. 1.

6. Mr. R. Goswami, learned counsel for the appellant submits that the instant appeal has been filed mainly on the grounds that the Judgment & Award dated 05.07.2014 in MAC Case No. 2277/2010 has been obtained by fraud. That the learned Tribunal was misled by the claimant who had failed to disclose about a first G.D.E. Entry vide No. 158 dated 06.11.2010 of Jalukbari P.S. Traffic Branch and the G.D.E. Entry vide No. 159 dated 06.11.2010. The G.D. entries in 158 and 159 dated 06.11.2010, stated that the accident had occurred on 06.11.2010. As per the said GD entries “the driver of Motor Cycle vide Registration No. AS-01/AH-5390, while coming from Bharalumukh towards Maligaon hit the divider of the road at Maligaon Gate No. 4 and the rider sustained injuries......” The Motor Cycle was brought to the Police Station. However, the claimant in the MAC Case No. 2277/2010 had filed the FIR on 05.12.2010 and led the learned Tribunal to believe that the accident on 06.11.2010 occurred when her husband was hit by a Santro Car vide Registration No. AS-01/AP-4138 at Maligaon