India: SC ruling on motor accident claims.

IN United India Insurance Co Ltd vs. Rajendra Singh (Civil Appeal No. 2087 of 2000 decided on March 14, 2000), a Division Bench of the Supreme Court comprising Mr. Justice K.T. Thomas and Mr. Justice D.P.

Mohapatra, while allowing the appeals of the insurance company quashed the awards passed by the Motor Accidents claims Tribunal in favour of the claimants, who were alleged to have obtained the awards by paying a fraud.

The judges, however, made it clear that the Tribunal while considering the claims afresh in pursuance of their direction would give opportunity to both sides and shall not be trammeled by any of their observations, if any made on the merits of the allegations.

The judges, however, asserted that they had no doubt that the remedy to move for recalling the order on the basis of the newly discovered facts amounting to fraud of high decree cannot be foreclosed. No court or tribunal can be regarded as powerless to recall its …