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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Gopa Das W/o Late Bhupesh Ch. Das – Respondent
JUDGMENT & ORDER :
ROBIN PHUKAN, J.
Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. M. Khan, learned counsel for the respondent Nos. 1 and 2; Ms. D. Devi, learned counsel appearing on behalf of Mr. K.R. Patigiri, learned counsel for the respondent Nos. 3.1 to 3.4; and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No. 5. None appears for the respondent No. 4.
2. This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 07.09.2021, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 63/2016.
3. It is to be noted here that vide impugned judgment and award dated 07.09.2021, the learned Member, Motor Accident Claims Tribunal, Bongaigaon ('Tribunal', for short) has directed the appellant herein i.e. ICICI Lombard General Insurance Company Ltd. to pay a sum of Rs.26,77,358/-, being the compensation to the claimants/respondent Nos. 1 and 2 herein, with interest @ 6% per annum, from the date of filing of the claim petition, till the date of its realization.
Background facts:
4. The background facts leading to filing of the present petition is briefl
Fraud vitiates all judicial acts; a judgment obtained through fraud is void ab initio and must be set aside.
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.
Claims based on fabricated stories undermine the integrity of judicial proceedings, compelling courts to dismiss unfounded claims.
Point of law: There could be variety of reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquility of mind and are compo....
The Insurance Company must prove any defenses against liability, including fraud, and the insurance policy was valid at the time of the accident.
Accident claim - Since the clinching rebuttal evidence clearly demonstrates that the claimant himself was riding the bike and on account of his own negligence he sustained injuries, the claimant cann....
The claimant must establish the occurrence of an accident with corroborative evidence; reliance solely on witness testimony without supporting documentation is insufficient for compensation.
The court emphasized the necessity for a meaningful inquiry under the Motor Vehicles Act and the obligation of the Tribunal to consider all evidence and applications before rendering a decision.
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