1. This appeal has been preferred against the judgment and award dated 11.04.2001 passed by the Motor Accident Claims Tribunal, Amreli in Claim Misc. Application No.845/2000 filed u/s.140 of the M.V. Act whereby, the claim application was allowed and the original claimants were awarded compensation of Rs.25,000/- along with interest at the rate of 9% per annum from the date of application till its realization.
2. When the matter was taken up for hearing, Mr. Vibhuti Nanavati learned counsel for the appellant pointed out that except the above application filed u/s.140 of the M.V. Act, the original claimant had not preferred any other application / claim petition before the Tribunal at Amreli. He, however, stated that the claimants had preferred another application being M.A.C.P. No.877/2001 before the Motor Accident Claims Tribunal at Rajkot in respect of the same accident and between the same parties and therefore, the application on which the impugned award has been passed is a fraud.
3. Having gone through the record, I find merits in the submission made by Mr. Nanavati. Hence, the impugned award dated 11.04.2001 deserves to be quashed only on the ground that a fraud had been committed by the claimants. Accordingly, the impugned award dated 11.04.2001 is quashed and set aside. The amount lying with the Tribunal shall be refunded to the appellant-Insurance Company. The appeal stands disposed of accordingly.
[K.
S. JHAVERI, J.] Pravin/* Top