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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Senior Divisional Manager, United India Insurance Co. Ltd. – Appellant
Versus
Bachana Swain – Respondent
| Table of Content |
|---|
| 1. mistake in settling claim without insurance disclosure. (Para 2 , 3) |
| 2. evidence of inadvertence and lack of insurance. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of fraud and negligence. (Para 8 , 9) |
| 4. orders set aside due to improper party inclusion. (Para 10) |
| 5. writ disposed without cost order. (Para 11) |
JUDGMENT :
1. The Writ Petition has been preferred by the Petitioner-Insurance Company challenging the order dated 24.02.2020 (Annexure-9) vide which the 3rd Motor Accident Claims Tribunal-cum-Addl. District Judge, Bhanjanagar, Ganjam rejected its petition filed U/s 151 C.P.C. to revoke the Order/Award dated 14.09.2019 (Annexure-3), passed in M.A.C. Case No.200 of 2017 in the 3rd National Level Lok Adalat held at Civil Courts premises, Bhanjanagar.
3. It has further been stated that due to inadvertence and oversight, the concerned Officer of the Petitioner Company so also its Advocate became a party to the said settlement which is bona fide mistake on the part of both the learned Counsel so also the Officer, who signed the said Joint Petition of Compromise with a wrong impression that the offending vehicle was insured with the Petitioner Company, as the policy number
Mistaken involvement of a party in insurance claims without proper disclosure invalidates awards; intentional misrepresentation is deemed fraud.
Dismissal of application to set aside an ex-parte award in a motor accident claim cannot solely rely on delay when a prior concession was made by the opposing party, warranting examination of justice....
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
There is nothing wrong in deciding the matter based on evidence adduced in the earlier round of litigation
The insurance company must prove any breach of policy conditions to avoid liability for compensation claims.
The court affirmed the Tribunal's decision that the Insurance Company was liable for compensation as it failed to prove the vehicle was uninsured at the time of the accident.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
Point of Law : Contention of fabrication of documents (Invoice no. 23) is not related to the damage caused to the vehicle and the insurance claim.
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