Appeal against Motor Accident Tribunal award dismissed as policy policy not taken fraudulently. Cross objection barred by 29-year delay.
Cross objection rejected; appeal dismissed; original award affirmed.
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Court No. - 21
Case :- FIRST APPEAL FROM ORDER No. - 246 of 1990
Appellant :- The New India Assurance Co. Respondent :- Smt.Dhannesro And others Counsel for Appellant :- ,Arun Kumar Shukla Counsel for Respondent :- S.Rai,Sanjay Srivastava,Subhas Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J.
By way of this appeal, the appellant has challenged the judgment and award dated 25.10.1989 passed by Motor Accident Claims Tribunal/VII Additional District and Sessions Judge, Varanasi in M.A.C.T. Case No.58 of 1986.
Claimants have also preferred cross objection claiming enhancement in award passed by the Tribunal.
The cross objection has been filed in the year 2019 namely after 29 years of award. Delay of 29 years has not explained. Hence, the cross objection is rejected being barred by limitation.
Appeal of the Insurance Company is also dismissed as it cannot be said that the policy was taken fraudulently by the owner.
Order Date :- 21.12.2021 DKS
2 issues framed by the court
Whether the cross objection filed after 29 years is barred by limitation.
Whether the insurance claim based on a policy is inadmissible due to alleged fraudulent acquisition.
The New India Assurance Co.
Smt. Dhannesro And others
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
