Hdfc Ergo General Ins. Co. Ltd vs Smt. Varsha Kunwar And Ors
2021 Latest Caselaw 12049 Raj

(1 of 2) [CMA-296/2018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 296/2018

Hdfc Ergo General Ins. Co. Ltd.

----Appellant Versus Smt. Varsha Kunwar And Ors.

----Respondent

For Appellant(s) : Mr. Jagdish Vyas. For Respondent(s) : Mr. G.S. Rathore.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

02/08/2021

Heard learned counsel for the parties on application filed by

the respondents seeking vacation of the interim order.

By order dated 20.02.2018, a coordinate Bench of this Court

ordered for stay of recovery pursuant to the judgment and award

dated 26.10.2017.

Learned counsel for the respondents made submissions that

the interim order deserves to be vacated as there is no substance

in the appeal filed by the Insurance Company.

Learned counsel for the appellant-Insruance Company made

submissions that besides the fact that in the first version i.e.

Exhibit - 20 dated 02.02.2016, it is indicated on the patient visit

information of the hospital that the accident occurred on account

of slip from bike at 7.00 PM, the first informant as well as the

indication made in the first information regarding receipt of

information of the involvement of the insured vehicle i.e. Manohar

Singh and Narendra Singh have not been examined and a third

person i.e. Devi Singh (AW-2) has produced as an eye-witness,

(2 of 2) [CMA-296/2018]

who had indicated that he had informed about the involvement of

vehicle and its numbers on the same day itself to Manohar Singh

despite that complaint under Section 156 Cr.P.C. has been made

on 03.05.2016 and FIR pursuant thereto has been lodged on

07.05.2016, which makes the false involvement of the insured

vehicle, apparent.

Further submissions have been made that the Tribunal, has

simply relied on the version of AW-2, the so called eye-witness

and has ignored to analyze rest of the evidence in relation to the

involvement of the vehicle, which also vitiates the judgment.

In view of the submissions made by learned counsel for the

parties, no case for vacation of the interim order dated

20.02.2018 is made out, the application is dismissed.

The interim order dated 20.02.2018 is confirmed to last till

the disposal of the appeal.

The stay application stands disposed of.

List the appeal for hearing on 23.09.2021.

(ARUN BHANSALI),J

73-PKS/-

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