Reliance General Insurance Co. ... vs Ram Solanki
2023 Latest Caselaw 9515 MP

                                                     1
                 IN        THE      HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                               BEFORE
                                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                                          ON THE 23 rd OF JUNE, 2023
                                       WRIT PETITION No. 5911 of 2023

               BETWEEN:-
               RELIANCE GENERAL INSURANCE CO. LTD. THROUGH
               BRANCH MANAGER IRAJAIN 6TH FLOOR, OBEROI
               COMMERZ INTERNATIONAL BUSINESS PARK OBERAI
               GARDEN CITY OFF, WESTERN EXPRESS HIGHWAY
               GOREGAON (EAST) MUMBAI ADD. 301-302 CORPORATE
               HOUSE RNT. MARG, OPPOSTIE JHABUA TOWER
               DISTRICT INDORE (MADHYA PRADESH)

                                                                                .....PETITIONER
               (BY SHRI BHASKAR AGRAWAL, ADVOCATE)

               AND
               1.         RAM SOLANKI S/O SHRI MANOHAR SINGH
                          SOLANKI, AGED ABOUT 57 YEARS, OCCUPATION:
                          NOT KNOWN 14/1 PARDESHIPURA, DISTRICT
                          INDORE (MADHYA PRADESH)

               2.         THE INSURANCE OMBUDSMAN STATE OF M.P.
                          AND    C.G. OFFICE AT BHOPAL (MADHYA
                          PRADESH)

                                                                              .....RESPONDENTS
               (NONE)

                          This petition coming on for admission this day, th e court passed the
               following:
                                                      ORDER

Heard.

The petitioner has filed this present petition being aggrieved by order Signature Notpassed Verified by the Insurance Ombudsman under Section 16(1)/17 of the Insurance Signed by: SHAILESH MAHADEV SUKHDEVE Ombudsman Rule 2017 inter alia on the ground that a fraud has been played Signing time: 6/24/2023 11:23:38 AM

with the Insurance Company as well as with the Ombudsman for obtaining an award. The petitioner has filed an affidavit of so called treating doctor swearing that his signatures were forged on the treatment documents.

Learned counsel has placed reliance on the judgment passed by the Apex Court in the case of United India Insurance Co. Ltd. vs. Rajendra Singh & Ors., (2000) 3 SCC 581. Para 16 of the aforesaid judgment is reproduced below :-

"16. Therefore, we have no doubt that the remedy to move for recalling the order on the basis of the newly discovered facts amounting to fraud of high degree, cannot be foreclosed in such a

situation. 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."

The aforesaid judgment of the Apex Court has held that if the fraud is alleged then the proper course would be to approach the same Tribunal seeking recalling of the order.

In view of the above, the petition is dismissed.

(VIVEK RUSIA) JUDGE SS/-

Signature Not Verified Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 6/24/2023 11:23:38 AM