- (1.) Heard Sri Pawan Kumar Singh, learned counsel for the appellant and Sri Ram Singh, learned counsel for the respondents.
(2.) This appeal has been filed by the insurance company being aggrieved of award dated 06.04.2018 passed by learned Motor Accident Claims Tribunal/Special Judge, Prevention of Corruption (U.P.S.E.B.), Bareilly whereby learned claims tribunal has allowed the claim on account of death of Iqbal Ahmad aged about 48 years.
(3.) Learned counsel for the appellant submits that insurance company is not liable to pay the award as the policy in question was obtained by playing fraud. It is submitted that claimant had produced a policy contained in annexure-4 showing it to be a policy issued on her motor vehicle by the Reliance General Insurance Company having validity from 01.05.2014 to mid night of 30.04.2015. Treating it to be correct, appellant issued a policy contained in annexure-1 in favour of Ms. Jyoti effective from 01.05.2015 (6:15 hours) to 30.04.2016 mid night. It is submitted that on an enquiry, vide communication dated 05.06.2017 as contained in annexure-4, Reliance General Insurance Company informed that the said policy was in fact issued in favour of one Vinay Narain Singh against his Hundai/Santro GLS bearing registration no. UP 65 AY 4609 and not in favour of Jyoti for vehicle Maruti Suzuki/Wagon R LX BS-II bearing registration no. UP 62 AQ 4141.;