Iffco Tokio General Insurance ... vs Dharji
2021 Latest Caselaw 17423 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1032/2021

Iffco Tokio General Insurance Company Ltd, 2Nd Floor, Bhagwati Bhawan Govt, Hostel Crossing, M.i. Road, Jaipur Branch Office At F 02, 3, 1St Floor, Manglam Fun Square, Durga Nursery Road, Udaipur

----Appellant Versus

1. Dharji S/o Lavji, Village And Tehsil Anandpuri, District Banswara

2. Aaram W/o Dharji, Village And Tehsil Anandpuri, District Banswara

3. Champi W/o Heera Lal, Village And Tehsil Anandpuri, District Banswara

4. Rekha D/o Heera Lal, Village And Tehsil Anandpuri, District Banswara

5. Aarti D/o Heera Lal, Village And Tehsil Anandpuri, District Banswara

6. Sindura D/o Heera Lal, Village And Tehsil Anandpuri, District Banswara

7. Mukti D/o Heera Lal, Village And Tehsil Anandpuri, District Banswara

8. Suresh S/o Dhanji Bhil, Village Chandarwara Tehsil Anandpuri, District Banswara

9. Ganesh Lal S/o Chetan Das Pargi Bhill, Village Madkola Mogji, Tehsil Bagidaaura, District Banswara

10. Dhulia S/o Vesta Vadera Bhil, Village Chordi, Tehsil Bagidaura, District Banswara

----Respondents

For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) :

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

22/11/2021

Heard learned counsel appearing for the appellant.

Learned counsel for the appellant stated that copy to copy

has been submitted in support of claim petition even policy

number has not been mentioned in the said copy. The insurance

(2 of 2) [CMA-1032/2021]

company completely denied the claim. It is a matter of claim on

the basis of fake policy. Learned counsel also stated that Co-

ordinate Bench of this Court in S.B. Civil Misc. Appeal

Nos.777/2018 & 787/2015 have granted conditional stay orders.

Having regard the facts and circumstances of the case and

the earlier orders passed by the Co-ordinate Bench of this Court,

the present appeal is admitted. Issue notice. Issue notice of the

stay petition also. Rule is made returnable within a period of six

weeks.

Send for the record.

List the matter after six weeks.

Meanwhile, recovery of the amount, pursuant to the

impugned judgment and award dated 16.08.2021 passed by the

Motor Accident Claims Tribunal cum Family Court, Banswara in

Motor Accident Claim Case No.335/2019 (319/12) titled as 'Dharji

& Ors. Vs. Suresh & Ors.' shall remain stayed.

(DEVENDRA KACHHAWAHA),J

17-Arvind/-

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