Mahipal S/O Shri Pratap Singh vs Smt. Munni Devi W/O Late Kailash ...
2021 Latest Caselaw 6674 Raj/2

                       (1 of 2)                                   [CMA-1893/2021]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No.1893/2021

Mahipal S/o Shri Pratap Singh
                                                                  ----Appellant
                                   Versus
Smt. Munni Devi W/o Late Kailash Chandra Saini & others
                                                                ----Respondent

For Appellant(s) : Mr. Santosh Kumar Soni For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

18/11/2021

Learned counsel for the appellant submits that insurance

company laid down the policy of insurance from 22.12.2014 00.00

hours to midnight of 21.12.2015 as is apparent from the policy

document which was placed as exhibit in the court. However,

learned MACT Jhunjhunu has erroneously exonerated the

insurance company from liability solely on the ground that the

policy letter issued and released from the office of the insurance

company was on 22.12.2014 at 06.25 PM in the evening and

therefore the accident which took place on 22.12.2014 in the

morning at 9.45 AM was held to be not recovered.

Learned counsel submits that the policy has been renewed

from year to year and in such circumstances he relies on the

judgment passed by the Supreme Court in the case of New India

Assurance Company Ltd. Versus Ram Dayal & Others

reported in 1990 (2) SCC 680 to submit that the insurance

company cannot be exonerated from the liability.

(2 of 2) [CMA-1893/2021]

Issue notice of the appeal as well as stay application,

returnable within six weeks.

In the meanwhile, execution proceedings as against the

appellant shall remain stayed.

(SANJEEV PRAKASH SHARMA),J

Karan/21

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