HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY DT. 7-4-2010 W.P.NO.10008/2002 United India Insurance Company Ltd., represented by its Senior Divisional Manger, Nellore. …Petitioner V. 1. The Secretary, District Legal Services Authority, District & Sessions Court Complex, Nellore, and others. ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.P.NO.10008/2002 ORAL ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) The petitioner-Insurance Company filed this writ petition challenging the order passed by the first respondent, namely, District Legal Service Authority, Nellore dt. 27-4-2002 in IA No.--/2000 in OP NO.599/1998 on the file of II Additional Motor Accident Claims Tribunal, Nellore, whereunder the petition filed by the Insurance Company to set-aside the award PPdt. 22-1-2000 passed in OP No.599/1998 by the Hon’ble Lok Adalath Bench-I on the ground that it was obtained by the respondents 2 and 3 herein, who are claimants in the OP, by fraud, was dismissed stating that Lok Adalath Bench has no power or authority to review the award granting liberty to the petitioner-Insurance Company to approach the appropriate authority for Redressal. The respondents 2 and 3 herein, who are claimants, filed OP No.599/98 before the Motor Accidents Claims Tribunal, Nellore claiming compensation of Rs.1,50,000/- for the death of their son in an accident occurred on 23-12-1997 due to the rash and negligent driving of the driver of the lorry bearing registration No. TN 04 1492. In the claim petition, the claimants did not furnish the policy number said to have been issued by the Insurance Company except stating that it is valid from 21-71997 to 20-7-1998. The Insurance Company filed a counter contending that no policy was issued by it. The said OP was referred to Lok Adalath. When the Lok Adalath on 22-1-2000 took up the matter, the claimants have furnished the Xerox copy of the cover note of the policy said to have been issued by the Branch Office No.14, Chennai. Based on the said cover note, the Insurance Company has compromised the matter before the Lok Adalath for a sum of Rs.72,000/-. Subsequently, the said cover note was sent to the concerned Branch for verification. The Branch Officer has confirmed that no such policy was issued covering the risk of the vehicle bearing registration No.TN 04 1492. In the meanwhile, the claimant filed EP No.14/2000 before II Additional Motor Accidents Claims Tribunal, Nellore. On coming to know of the same, the Insurance Company filed the present IA to set-aside the award dt. 22-1-2000 passed by the Lok Adlath as the same was obtained by producing fake policy cover note. The said IA was dismissed by the impugned order dt. 27-4-2002. It is fairly well settled that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law and such a judgment, decree or order by the first court or by the final court has to be treated as nullity by every court, superior or inferior and it can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings or can be recalled to undo the injustice caused to the party on such fraud being played. (see: S.P. CHENGALVARAYA NAIDU V. JAGANNATH (1994) 1 SCC 1). It is now fairly well settled that averments made in the affidavit filed in support of the writ petition had not been traversed by filing counter, the same would be deemed to have been admitted by the respondents. (See: SETH RAMADYAL JAT V. LAXMI PRASAD (2009) 11 SCC 454) Though the writ petition is pending since from 2002, the respondents have not filed any counter-affidavit denying the allegation of the Insurance Company that it is a fake cover note and it was not issued by the concerned branch by stating that it is a genuine policy cover note and it is valid from 21-7-1997 to 20-7-1998. In view of the same, the impugned order passed by the first respondent in IA No.--/2000 in OP No.599/1998 is set-aside, and the said IA is allowed. Consequently, award dt.22-1-2000 in OP No.599/1998 passed by the first respondent shall stand set-aside. The II Additional Motor Accidents Clams Tribunal, Nellore is directed to dispose of OP No.599/1998, uninfluenced by any of the observations made by this court, after providing sufficient opportunity to both parties to adduce their evidence in support of their claims within three months from the date of receipt of a copy of the order. The amount deposited to the credit of OP, if any, shall be kept in fixed deposit and will abide by the result of the Original petition. The writ petition is accordingly allowed. No costs. _______________ A. GOPAL REDDY, J __________________ ‐ G.V.SEETHAPATHY,J Date:7-4-2010 kmr