Radhey Shyam vs Bhagwati And 7 Others
2019 Latest Caselaw 2856 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1005 of 2019
 

 
Appellant :- Radhey Shyam
 
Respondent :- Bhagwati And 7 Others
 
Counsel for Appellant :- Archit Mehrotra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

There is an apparent mistake committed by the learned Judge while interpreting the judgment of Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668.

Issue notice to respondent no.7 by speed / registered post returnable on 7th May, 2019, as the matter can be disposed of as prima facie there is no breach of policy as the judgment of Mukund Dewangan(supra) has been misinterpreted by the learned Judge is the submission of Sri Archit Mehrotra-Advocate.

Steps be taken immediately.

In view of the matter it would have been better if the learned Judge had directed the Insurance Company, namely, respondent no. 7 in MACP No.94 of 2016 to pay the amount as respondent no. 7 will be primarily liable.

In addition to Dasti Notice, Sri Archit Mehrotra -Avocate shall give a copy of memo of appeal to the counsel who normally appears for HDFC ERGO General Insurance Company Limited who may seek instruction from insurance company.

Order Date :- 11.4.2019

Mukesh