Rajasthan High Court - Jodhpur
Iffco Tokio General Insurance ... vs Suka on 23 November, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Civil Misc. Appeal No. 1031/2021.
Iffco Tokio General Insurance Company Ltd, 2 nd 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. Suka W/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
2. Geeta D/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
3. Sakila D/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
4. Sonia D/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
5. Aitri D/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
6. Sampu @ Seema D/o Ramesh Dindore, Village Dhadka,
Gram Panchayat Bildi, Panchayat Samiti Sajjangarh, PS &
Tehsil Kushalgarh, District Banswara
7. Praveen S/o Ramesh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
(2 of 3) [CMA-1031/2021]
8. Harsingh Dindore S/o Vira Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
9. Nura W/o Harsingh Dindore, Village Dhadka, Gram
Panchayat Bildi, Panchayat Samiti Sajjangarh, PS & Tehsil
Kushalgarh, District Banswara
10. Himmat Singh S/o Chatar Singh Dhaoti Labana, Village
Parnala, Post Bhim, Tehsil Kushalgarh, District Banswara
11. Dilip Bhatt S/o Chaggan Lal Bhatt Brahmin, Village & PS
Kalinjara, Tehsil Bagidaura, District Banswara
----Respondents
For Appellant(s) : Mr. Jagdish Vyas.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
23/11/2021
Heard learned counsel for the appellant Insurance Company.
Learned counsel for the appellant stated that the claimant
has filed the claim petition and in support of the claim petition, a
number of the alleged insurance policy has been mentioned in the
claim but in fact, no policy on the number, as mentioned by the
claimant, has been issued. Learned counsel further stated that it is
a matter of the claim on the basis of fake policy. Learned counsel
also stated that this Court as well as co-ordinate Benches of this
Court has passed unconditional interim orders in the following
cases:-
1. CMA No. 777/2018;
2. CMA No. 787/2015; and
3. CMA No. 1030/2021.
(3 of 3) [CMA-1031/2021]
Having regard to the facts and circumstances of this case,
particularly to the earlier orders as passed by the co-ordinate
Benches of this Court and by this Court, the present appeal is
admitted. Issue notice. Issue notice of the stay application 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 24.08.2021passed by the
Motor Accident Claims Tribunal-cum-Family Court, Banswara in
Motor Accident Claim Case No. 137/2019 (Old No. 457/2012)
titled as "Smt. Suka & Ors. Vs. Himmat Singh & Ors." shall
remain stayed.
(DEVENDRA KACHHAWAHA),J
34-Mohan/-
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