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It is also alleged that the Ld. District Forum without considering the written statement and without considering the fact of submission of fake bills/cash memos by the complainant, passed the impugned judgment and thereby being aggrieved and dissatisfied with the impugned judgment, the appellant has preferred the instant appeal on the grounds that the Ld. Forum ought to have considered that the complainant had made false declaration and used fraudulent devices for getting insurance benefits, that the Ld. Forum committed a grave error of law in passing the impugned judgment against the appellant Insurance Company as the same has been passed ignoring the written statement and the argument advanced from the side of the Insurance Company rendering the same untenable in law and as such, the impugned judgment should be set aside for ends of justice to protect the interest of public exchequer and hence, the instant appeal has been preferred. 

The Ld. Counsel for the appellant Insurance Company submitted that the complainant while submitting his claim application violated the condition no.8 of the insurance policy. He also submitted that the complainant submitted some cash memos and on enquiry made by the Second Surveyor Sanjay Deb Roy, it was found that the said cash memos which are three in numbers were fake. He also submitted that the complainant made a false declaration concerning the said three cash memos to manage a lump sum amount as compensation from the Insurance Company. He also submitted that as the complainant violated the condition no.8 of the policy, the Insurance Company is well within its right to repudiate the entire claim of the complainant as the adopting of fraudulent means or devices by the complainant renders the insurance benefits forfeited. He also submitted that the Ld. District Forum overlooked the said condition no.8 of the policy and erroneously passed the award by the impugned judgment which, not being proper, legal and justifiable, should be set aside and the appeal should be allowed.

At the beginning, we find it appropriate to reproduce the condition no.8 of the insurance policy which runs as follows:-

Condition No.8. "If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof or if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain any benefit under the policy or if the loss or damage be occasioned by the willful act, or with the connivance of the Insured, all benefits under this policy shall be forfeited."