ANIL KSHETARPAL, J.

1. The appeal before me presents a very unfortunate position. The fountain of justice is sought to be polluted by unscrupulous litigants in collusion with their counsels. It is said that “fraud and justice never dwell together.”

2. Luckily, in this case the Motor Accidents Claims Tribunal, Kaithal (hereinafter referred to as 'the Tribunal) recalled its earlier award dated 10.04.2001 passed while deciding two claims petitions, after finding that the award passed by the Tribunal was result of a fraud played with the Court as well as with the Insurance Company.

Brief Facts

3. An accident is alleged to have taken placed on 10.10.1998 at 10.00 PM at night. Madan Singh lodged an FIR No.246 dated 10.10.1998, stating that when he was going on the Guhla Cheeka Road, he saw a motorcycle bearing registration No.HR-09-6546 lying on the road after having met with an accident and two persons were also lying by the side.

4. In the meantime, one Nayab Bahadur, Chowkidar, reached. Madan Singh left the spot for lodging a police report. In the FIR, neither the make of the vehicle nor type of vehicle or its registration number was disclosed. Madan Singh himself stated that he