Reliance General Insurance ... vs Ajitbhai @ Naratambhai ...
2023 Latest Caselaw 7015 Guj

                                                                                    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
==========================================================
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.

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C/FA/2399/2020 ORDER DATED: 22/09/2023

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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

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C/FA/2399/2020 ORDER DATED: 22/09/2023

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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

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C/FA/2399/2020 ORDER DATED: 22/09/2023

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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