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Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): K. T. Thomas, D. P. Mohapatra , JJ

(A) Civil P.C. (5 of 1908) , S.151— Power to recall its order - Order obtained by practising fraud - Every Court/Tribunal has power to recall such order - Award passed by Motor Accident Claims Tribunal - Claim made, subsequently discovered to be fraudulent - Remedy to move Tribunal for recall of award ought not to be foreclosed. No Court or tribunal can be regarded as powerless to recall its own order if it is convinced that the order was wangled through fraud or misrepresentation of such a dimension as would affect the very basis of the claim.(Para 17) Where the insurance company after the passing of the award by Motor Accidents Claims Tribunal, discovers that the award has been passed on a fake claim, it would be fully justified in approaching the Claims Tribunal for recall of the award. The Insurance Company when it comes to know of any dubious concoction having been made with the sinister object of extracting a claim for compensation after the award has already been passed, it would not be possible for the company to file a statutory appeal against the award. Not only because of bar of limitation to file the appeal but the consideration of the appeal even if the delay could be condoned, would be limited to the issues formulated from the pleadings made till then. The remedy to move for recalling the order on the basis of the....