M/S Ifco-Tokio General Insurance ... vs Md. Belal Ansari & Ors
2021 Latest Caselaw 4685 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    M.A. No. 474 of 2019
        M/s IFCO-TOKIO General Insurance Company Ltd through
        Branch Manager............                    Appellants
                                 Versus
        Md. Belal Ansari & Ors............                  Respondents
                                 ......

Coram: Hon'ble Mr. Justice Ananda Sen Through: Video Conferencing ......

        For the Appellants               : Mr. Bibhash Sinha, Advocate
        For the Respondents              : ---
                                    ......
        I.A. No. 1993 of 2020

4/08.12.2021      This interlocutory application has been filed under Section 5 of

the Limitation Act, to condone the delay of 13 days, occurred in filing this appeal. The grounds to condone the delay have been mentioned in Para- 3 to 7 of this application.

After going through the records, I find that the reasons have sufficiently been explained by the appellants for condoning the delay of 13 days, occurred in filing this appeal. Accordingly, this interlocutory application is allowed. The delay of 13 days, occurred in filing this appeal is hereby condoned.

I.A. No. 1993 of 2020 stands disposed of.

I.A. No. 6295 of 2021 The appellant insurance company has moved this interlocutory application praying therein to stay the certificate proceeding being Certificate Case No. 01 of 2021-22, pending before the District Certificate Officer, Bokaro.

It is the case of the appellant that on the date of accident the vehicle was not insured even then the insurance company was directed to pay the amount. He refers to Ext.-A, which is the policy, which suggests that the policy was valid from 06.06.2012 to 05.06.2013, whereas the accident had taken place on 03.06.2012. He submits that the photocopy of the insurance policy was produced before the Court by the claimants, which was marked only for the purpose of identification, but the court did not give any finding on the issue as to whether the said photocopy of the policy was genuine or not. He submits that without giving any finding on the aforesaid issue in a most whimsical manner the insurance company is directed to pay the compensation amount.

I have gone through the Award and the record. After going through the same, I find that the accident had taken place on 03.06.2012. From the judgment, I find that Ext.-A is the policy, which suggests that

the vehicle was insured from 06.06.2012 to 05.06.2013. This prima-facie suggests that the insurance policy was obtained after the accident has taken place.

I find that prima-facie case has been made out by the appellant insurance company to stay the certificate proceedings. Thus, the certificate proceeding being Certificate Case No. 01 of 2021-22, pending before the District Certificate Officer, Bokaro is hereby stayed.

I.A. No. 6295 of 2021 stands disposed of.

Since the aforesaid orders have been passed exparte, it will be open to the respondents to pray for modification, alteration/recall of the aforesaid orders after their appearance.

M.A. No. 474 of 2019 Issue notice to the respondents for which requisite etc. under Ordinary process must be filed within one week.

Call for the lower court records.

(Ananda Sen, J) Mukund/-cp.2