Fraud vitiates all judicial acts; a judgment obtained through fraud is void ab initio and must be set aside.

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 briefly stated as under:-

“On 07.07.2015, Bhupesh Chandra Das, since deceased was coming from Tuniapar market towards his home, situated at Nilibari by riding his bi-cycle. Then the driver of a motorcycle, bearing registration No.AS-19/H-0349, which was coming in rash and negligent manner, knocked down said Bhupesh Chandra Das, from behind, on the main road, near Ram Mandir, B.G. Colony. As a result, Bhupesh Chandra Das had sustained grievous injuries over his head and other part of his body and his bi-cycle also got damaged.

After the accident, Bhupesh Chandra Das was taken to Lower Assam Hospital & Research Centre, Bongaigaon. Then on being advised, he was shifted at Hayat Hospital, Odalbakra, Langanesh, Guwahati-34. But on 08.07.2015 at about 11:30, after necessary treatment, the Doctor declared him dead. Later on, the autopsy of the dead body was done at G.M.C. Guwahati.

In connection with the accident, one Joydeep Das, respondent No.2 herein, had lodged one FIR with the Officer- In-Charge on 19.08.2015, upon which Bongaigaon P.S. case No. 675/2015, u/s 279/304(A) IPC was registered against the driver of vehicle bearing registration Nо.АЅ-19/Н-0349 (Hero Glamour Motorcycle). Thereafter, investigation was carried out, which culminated in submission of charge sheet against the driver of the vehicle bearing registration Nо.АЅ-19/Н-0349.

Thereafter, the respondent No.1 and 2 herein, being the wife and son have filed a claim petition before the learned tribunal claiming compensation on account of death of Bhupesh Chandra Das. The appellant and other respondent herein had entered appearance and contested the claim petition by filing written statement.

Thereafter, vide impugned judgment and award, the learned tribunal had 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.”

5. Being aggrieved, the appellant herein, has preferred the present appeal on several grounds, specially on the ground of fraud.

Submissions:-

6. Mr. Goswami, learned counsel for the appellant, submits that immediately after the accident, the matter was reported to Bongaigaon Police Station, upon which G.D. Entry No.330, dated 07.07.2015, at 8:20 p.m., was recorded by the Officer-in-Charge of the P.S. and traffic S.I.,