Dear All,
The case is that claimant filed an MACT case for the death of their son (a friend of mine) against insurance company with a policy number. In w/s the insurance denied the policy, however, in the Tribunal judgment copy, its stated that respondent insurance company admitted the policy and no arguments/ defence were recorded to prove that it was fake policy. Thus, the Tribunal award was passed in 2009 for Rs.350000/-.
The claimanst filed appeal in High Court for enhancement of compensation. The case came up for High Court Lok adalat settlement and the insurance company agrreed for lok adalat settlement by signing the joint memo in 2012. The claimant's advocate signed the joint memo for an ehanced of Rs.100000/- in addition to the Tribunal award amount.
After this Lok adalat settlement, the insurance is saying that they now came to know that it was not their policy but belong to some other insurance company and that it was a fake policy. That the award was obtained by fraud. The Policy copy was not made as exhibit by the claimant but he stated about the policy number in the petition copy. FIR, chargesheet, MV report, etc. were placed on record.
Insurance company filed appeal with condonation of delay of 1240 days for set asiding the Tribunal award on the ground that it was obtained by fraud. However, the High Court dismissed the insurance company's appeal stating that insurance company did not took any steps to take up the said issue at any stage i.e neither during the trial stage nor during High Court lok adalat settlement.
Now, the insurance has filed application to recall the order of the High Court Lok Adalat. They are also stating that the HC lok adalat joint memo was not signed by the claimant but by his advocate.
Additionally, the insurance company is going to file SLP against the dismissal of their appeal by the High Court on the issue of condonation of delay to set aside the Tribunal order.
So far no award amount is deposited.
I sincerely request you to let us know on an immediate basis, whether such SLP and recalling of Hgh Court Lok Adalat is sustaainable. If so, what course of action can be taken by the claimants and how to defend these matters.
Can an insurance take up ssuch issue after the Tribunal award is passed and when High Court Lok Adalat settlement is signed and agrreed.
Can an insurance coampany file such recalling of HC lok adalat order ?
Can an insurance company file SLP against their appeal which was dismissed ?
Please let us know, in case SLP is admiited, what and how to proceed as the claimants have no means to appoint and pay for advocate at Supreme Court.
Seeking your help on immediate and priority basis for an aggrieved family.
Regards,
Rahul.
