Compromise from lok-adalat in m.v.act.
Rahul Singh
(Querist) 25 April 2012
This query is : Resolved
In one claim case the matter was compromised in LA between the claimant & Ins.Co. Later on when the INs.Co. verified in details of the Ins.policy it was found that they had not insured the particular vehicle through that policy.Although now LA orders are final & cannot be challenged in Appeal or revision, but in such a situation where fraud is played upon Ins.co. what remedy lies ahead for cancellation of the LA order? Kindly suggest with suitable ruling.
Raj Kumar Makkad
(Expert) 25 April 2012
In the given case, insurance company has every right to go against the verdict of lok adalat on the ground of fraud as no order/judgment can be against public policy. the judgment is a nullity.
There are various case laws in favour of insurance company in the given matter. Company have both remedies at the same time viz. filing a review before the same court by bringing the additional fact on file or to file an appeal with application for additional evidence.
Shonee Kapoor
(Expert) 26 April 2012
Yes, it can be challanged, rightly advised by Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 26 April 2012
File Appeal in high court.