NEUTRAL CITATION
C/FA/2399/2020 ORDER DATED: 22/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2399 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In
R/FIRST APPEAL NO. 2399 of 2020
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RELIANCE GENERAL INSURANCE CO.LTD.
Versus
AJITBHAI @ NARATAMBHAI KACHHIYABHAI CHAUDHARY
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
for the Defendant(s) No. 3
DS AFF.NOT FILED (N) for the Defendant(s) No. 2
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/09/2023
ORAL ORDER
1. Mr. Rathin P.Raval, learned advocate for the appellant has brought to the notice of the Court the observation in paragraph-14 and the fact that the documents have not been exhibited and has also brought to the notice of this Court about the withdrawal of the matter under Workmen Compensation Act, where the fact on record, as transpires from the judgment, the case on false claim and false policy has been raised. Page 1 of 4 Downloaded on : Fri Sep 22 20:50:34 IST 2023
NEUTRAL CITATION C/FA/2399/2020 ORDER DATED: 22/09/2023 undefined
2. Mr. Raval stated that, it appears that the Insurance Company is required to provide further opportunity to prove the case, as urged, since the documents on record produced at list-78 have not been exhibited, and further the policy against which a dispute has been raised in the written statement by the Insurance Company of being fake and not issued, is also not proved by the claimants, though produced.
3. Advocate Mr.Joshi with Advocate Mr. Karna H.Dhomse submitted that the lawyer of the Insurance Company was given sufficient opportunity, as gets reflected in the order to prove their defence, but had failed to do so and now the Insurance Company cannot be permitted to fill-up the lacuna.
4. Plea of fake policy and fake claim has been raised by the Insurance Company. The Page 2 of 4 Downloaded on : Fri Sep 22 20:50:34 IST 2023 NEUTRAL CITATION C/FA/2399/2020 ORDER DATED: 22/09/2023 undefined relevant documents referred and relied upon by the claimants as well as the Insurance Company have not been put in evidence during the trial. The matter appears to be not substantially proved by both the parties on the basis of principle of onus of proof and burden of proof following the doctrine of shifting the burden. Thus, in view of the same, the matter is required to be remanded back to the concerned Court. Hence, the impugned judgment and award dated 15.01.2020 passed by Tapi Motor Accident Claims Tribunal (Main) at Vyara in M.A.C.P. No.363 of 2012 is quashed and set aside. Both the parties are permitted to lead evidence and the matter be decided afresh within a period of six months from the date of receipt of writ of this Court.
5. Advocate Mr. Rathin P.Raval submitted that the amount has been deposited before the Tribunal. In view of the same, let the same amount be put in FDR and the interest on the same Page 3 of 4 Downloaded on : Fri Sep 22 20:50:34 IST 2023 NEUTRAL CITATION C/FA/2399/2020 ORDER DATED: 22/09/2023 undefined be accumulated.
6. The appeal stands disposed of accordingly. In view of the disposal of the main matter, Civil Application stands disposed of accordingly.
(GITA GOPI,J) Pankaj Page 4 of 4 Downloaded on : Fri Sep 22 20:50:34 IST 2023