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    <title>2000 (3) TMI 1077 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=175000</link>
    <description>Whether a Motor Accidents Claims Tribunal has inherent power to recall its award when it is alleged to have been obtained by fraud discovered after the award was passed was the dominant issue. The SC held that a tribunal is not powerless to recall an order if satisfied that it was procured through fraud or material misrepresentation going to the root of the claim; the insurer cannot realistically be expected to plead unknown fraud earlier, and a statutory appeal would be ineffective once limitation has run or confined to existing pleadings. As the claimants did not specifically deny the insurer&#039;s allegation that they were not involved in the accident, the impugned orders were set aside, the awards quashed, and the claims remitted for fresh adjudication after giving both sides opportunity to prove or rebut fraud.</description>
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    <pubDate>Tue, 14 Mar 2000 00:00:00 +0530</pubDate>
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      <title>2000 (3) TMI 1077 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175000</link>
      <description>Whether a Motor Accidents Claims Tribunal has inherent power to recall its award when it is alleged to have been obtained by fraud discovered after the award was passed was the dominant issue. The SC held that a tribunal is not powerless to recall an order if satisfied that it was procured through fraud or material misrepresentation going to the root of the claim; the insurer cannot realistically be expected to plead unknown fraud earlier, and a statutory appeal would be ineffective once limitation has run or confined to existing pleadings. As the claimants did not specifically deny the insurer&#039;s allegation that they were not involved in the accident, the impugned orders were set aside, the awards quashed, and the claims remitted for fresh adjudication after giving both sides opportunity to prove or rebut fraud.</description>
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      <pubDate>Tue, 14 Mar 2000 00:00:00 +0530</pubDate>
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