Prakashbhai Laljibhai Nakrani vs Ramdevsin Batuksinh Jadeja
2022 Latest Caselaw 5800 Guj

     C/FA/714/2022                              ORDER DATED: 30/06/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 714 of 2022

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                     PRAKASHBHAI LALJIBHAI NAKRANI
                                Versus
                      RAMDEVSIN BATUKSINH JADEJA
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Appearance:
MR GAURANG K CHAUHAN(9858) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
KARTIKKUMAR G BAROT(9453) for the Defendant(s) No. 4
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 30/06/2022

                             ORAL ORDER

1. Learned advocate Mr. Gaurang Chauhan for the appellant

-claimant submits that the present appeal has been preferred challenging the judgment and order of the Tribunal dated 19.02.2018, which is followed in M.A.C.P. No.586 of 2010 moved by the present appellant as a claimant where he had restricted his compensation amount to Rs.2 Lacs.

2. Learned advocate Mr. Chauhan submits that the Tribunal has exonerated the opponent No.3 - Insurance Company on the ground that the Insurance Policy, which was at Exhibit-56, for the Indica Car was only for the period between 19.03.2009 to 20.03.2010 and the accident in question had occurred on 04.11.2010 and thus, it was observed that the Policy was not in force on the date of accident. Mr. Chauhan submits that the

C/FA/714/2022 ORDER DATED: 30/06/2022

applicant, being a claimant, would have only relied upon the Investigating Officer for procuring the copy of the Insurance Policy. Though it was within the knowledge of the Insurance Company that on the date of the accident there was an Insurance Policy in force, Mr. Chauhan submits that deliberately that fact was not brought to the notice of the Court and the Insurance Company failed to produce on record the Insurance Policy which was in force on the date of accident. Mr. Chauhan submits that after the judgment, the claimant on inquiry found out that there was a Policy in force and the Insurance Company has been wrongly exonerated. Mr. Chauhan stated that the Tribunal has not further inquired about the Insurance Policy, which was renewed and thus, submits that a prayer has been made to quash and set aside the impugned order and to remand the matter back to the Tribunal concerned.

3. It was the duty of the Investigating Officer to have inquired about the Insurance Policy. Further, it was the responsibility of the Insurance Policy to produce the Insurance Policy, which was in force. The fact was not brought to the notice of the Tribunal on or before the judgment was declared on 19.02.2018. The copy of the Insurance Policy with the period from 21.03.2010 to mid-night of 20.03.2011 of United India Insurance Company Ltd. is produced on record, which shows that the insured is Yogendrasinh Narendrasinh Jadeja,

C/FA/714/2022 ORDER DATED: 30/06/2022

opponent No.2, who is the owner of the vehicle. Considering this fact, without further commenting upon the conduct of the Investigating Officer or the Insurance Company, the matter is required to be remanded for reappreciation after due consideration of the Insurance Policy.

4. Thus, the appeal is allowed and prayer in terms of para-7 is granted. The matter is remanded to the Tribunal concerned and the matter be re-appreciated by considering the Insurance Policy. In failure of production of copy of the Insurance Policy by the Insurance Company, the claimant is permitted to produce the same before the Tribunal. The appeal stands disposed of.

(GITA GOPI, J)

PRAVIN KARUNAN