Bharati Sapru, J. - (1.) HEARD Mr. Manish Goyal, learned counsel for the petitioner and Mr. Santosh Kumar Singh, who has appeared on behalf of the respondent Nos. 2 to 4.
(2.) THIS petition has been filed by the petitioner insurance company seeking a direction to set aside the judgment and order dated 31.5.2008 passed by the respondent No. 1 in Misc. Case No. 5 of 2007 arising out of M.A.C. No. 61 of 2004. The second prayer is that order or direction may also be issued setting aside the judgment and award dated 23.9.2006 passed by the respondent No. 1 in M.A.C. No. 61 of 2004 and the third prayer is that the respondent No. 1 be restrained from releasing the amount of compensation along with interest in favour of the respondent Nos. 2 to 4 on the basis of the judgment and award dated 23.9.2006. The facts of the case are that a claim petition was filed by respondents alleging that an accident took place on 13.4.2004 where the deceased was going on a motor cycle No. UP 14-J 8083 from Baghpat to his village along with Jai Pal Singh. The motor cycle was hit by car No. DL 1-CF 2901 and on account of the accident, one person died and Jai Pal Singh received injuries. A claim for compensation was made and an award was passed on 23.9.2006 finally by which Rs. 5,19,616 was allowed in favour of the claimants-respondents along with interest at the rate of 6 per cent per annum.
(3.) AFTER the award was delivered, the petitioner insurance company received a complaint from one Har Pal Singh, resi- dent of the village Bamnoli, P.S. Deoghat, District Baghpat, to the effect that claim petition had been filed fraudulently on the basis of false representation against the car in collusion with its owner and in fact no accident had taken place with the car that had been insured by the petitioner. It is the petitioner's case that upon receiving the complaint, the petitioner engaged an independent investigating agency, which submitted its report on 27.12.2006, which established that fraud was committed upon the petitioner by raising claim in collusion with the owner of the car.;