A judgment or decree obtained through the use of fraudulent evidence, such as forged employment or educational documents, is a nullity that voids the entire claim, and courts must summarily reject such proceedings to prevent the abuse of the judicial process.

JUDGMENT:

%Dated 09.04.2026

# Between:

The New India Assurance Co. Ltd. …. Appellant

And

Mohd. Nayeemuddin and two others …. Respondents.

! Counsel for appellant : Sri A.Ramakrihna Reddy

^ Counsel for Respondents 1 & 2 : Sri Kota Subba Rao

< GIST :

> HEAD NOTE :

? Cases referred :

1. (2009) 6 SCC 121

2.(2017) SC 1050

3.(2013) 15 SCC 45

4.2022 ACJ 948

5.(2006) 4 SCC 404

6.SLP (Civil) No.1110 of 2017

7.(2021) 13 SCC 587

8.AIR 2025 SC 1882

9.(1994) 1 SCC 1

10.AIR 2004 SC 175

11.AIR 1971 SC 1865

12.2022(5) ALD 76 (SC)

13.2025 ACJ 406

14.AIR 1965 SC 1008

15.AIR 1951 SC 193

16.Order in Civil Appeal No.1589 of 2001 (Arising out of SLP (C) No.6407 of 2000 dt.26.02.2001.

17.Civil Appeal No.6100 of 2024 dated 17.03.2026

18.(2007) 4 SCC 221 : 2007 SCC OnLine SC 317

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

***

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA

AND

THE HON’BLE JUSTICE GADI PRAVEEN KUMAR

M.A.C.M.A. No.78 of 2026

Date of Order:09-04-2026

Between :

The New India Assurance Co. Ltd. …. Appellant

And

Mohd. Nayeemuddin and two others …. Respondents.

JUDGMENT:(per Hon’ble Justice Gadi Praveen Kumar)

Heard Sri A.Ramakrishna Reddy, learned counsel appearing for the appellant and Sri Kota Subba Rao, learned counsel appearing for respondent Nos.1 and 2/claimants.

2. The present Appeal is filed by the appellant-Insurance Company aggrieved by the order dated 01.05.2025 passed in M.V.O.P.No.1390 of 2018 by the Motor Accidents Claims Tribunal-cum-X Additional Chief Judge, City Civil Courts at Hyderabad (for short ‘the Tribunal’) awarding compensation of Rs.3,05,80,000/- to the claimants with interest at the rate of 6% per annum from the date of filing of the petition till realization with proportionate costs.

3. The facts leading to filing of the Claim Petition before the learned Tribunal are that on 26.05.2017 at about 3:30 p.m., the deceased, Mohd.Saifuddin, was traveling as a pillion rider on a motorcycle bearing Registration No. TS-10-EL-0668. The said motor cycle was being ridden by his college mate, Rizwan Rasool. When they reached near Yenkapally Gate, within the jurisdiction of Moinabad Police Station, the rider of the motor cycle lost control over the vehicle and dashed against the road divider. As a result of the impact, both the rider and the pillion rider sustained grievous injuries and died on the spot. Based on the report lodged, the Police of Moinabad, Cyberabad registered a case vide Crime No. 288 of 2017 under Sections 304-A and 337 of the Indian Penal Code and took up investigation.

4. The claimants being the parents of the deceased filed Claim Petition initially for a sum of Rs.50,00,000/- and later, enhanced the compensation to Rs.1,50,00,000/- stating that at the time of accident, the deceased was aged 21 years, hale and healthy, pursuing his Engineering (CSE) III Year Degree at Global Engineering College of Science and Technology, Moinabad and was a brilliant student, used to earn Rs.50,000/- p.m. by imparting private tuitions and maintain his family members, and due to the sudden demise of deceased, the claimants suffered mental agony and lost love and affection of the deceased. Respondent No.1 is the owner of the crime vehicle having insurance with the respondent No.2 and the accident occurred due to rash and negligent driving of the driver of the said crime vehicle. As such, respondent Nos.1 and 2 are jointly and severally liable to pay a sum of Rs.1,50,00,000/- towards compensation to the claimants.

5. The respondent No.1 in the MVOP did not contest the case and remained ex parte. The respondent No.2