The New India Assurance Company Ltd v. Komalatha

C.M.P.No.14506 of 2022 in C.M.A.No.1 of 2022 & C.M.A.No.3158 of 2021 & C.M.A.No.19 of 2022 P.T.Asha, J.

The Insurance Company has taken out an application in C.M.P.No.14506 of 2022 for producing additional documents to prove that the claim itself is a false claim. The fact that the claim is a false one has come to their knowledge only after passing of the award. The petition is filed to receive the following documents:

1. Copy of the FIR filed for forgery of policy.

2. Copy of the paper publication.

3. Copy of the Insurance policy issued by the appellant to the Auto bearing Regn. No. TN-72-J-3867.

4. Copy of forged policy in the name of Thangamani for the Auto bearing Regn. TN-30-H-8938.

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2. However, the claimant and the owner of the vehicle have not had an opportunity to cross examine the 2nd respondent with reference to the above. In these circumstances, interest of justice would be sub served, if the documents are received and the parties directed to approach the Motor Accident Claims Tribunal, Special District Court, Salem to consider the additional documents that have now been filed. The petition in C.M.P.No.14506 of 2022 is allowed. The documents shall be received and shall be marked by letting in oral evidence. The petitioners and the respondents shall adduce evidence only with reference to these documents.

3. The Registry is directed to send the case bundle to the Motor Accident Claims Tribunal, Special District Court, Salem, so as to enable the Tribunal to mark exhibits and conclude the evidence.

4. The Tribunal is directed to conclude the evidence and send back the bundle with the depositions and exhibits on or before 04.11.2022, for this Court to pass orders. Post the matter on 07.11.2022. 19.09.2022 2/4

kan Note: Issue Order Copy on 21.09.2022.

P.T.Asha, J.

Kan C.M.P.No.14506 of 2022 in C.M.A.No.1 of 2022 3/4

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