Iffco Tokio General Insurance ... vs Surajmal
2022 Latest Caselaw 6293 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 207/2022

Iffco Tokio General Insurance Company Ltd, Iffco House, 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. Surajmal S/o Devji, Village Morvaniya, Tehsil Pipalkhunt, District Pratapgarh

2. Laxman Lal S/o Devi Lal Bhil, Village Kargachiya, Tehsil Ghatol, District Banswara

3. Kamla Krishna S/o Hameera Maida Bhil, Village Kanela Devra, Tehsil Ghatol, District Banswara

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent(s) : Mr. R. S. Mankad

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

28/04/2022

Learned counsel for the appellant-Insurance Company

vehemently submitted that the claimants-respondent No. 1 has

produced fake policy before the learned Tribunal. He further

submits that no such policy for the offending vehicle was ever

issued by the appellant-Insurance Company and in this respect a

report has also been send in the concerned police station.

Learned counsel for the appellant-Insurance Company

submitted that in similar and identical matters where the

claimant-respondent has produced fake policies before the learned

Tribunal, this Court stayed the impugned judgment and awards in

(2 of 2) [CMA-207/2022]

SB CMA nos. 1031/21, 777/18 & 1032/21 vide orders dated

23.11.2021, 15.03.2018 & 12.11.2021 respectively.

Learned counsel for the respondent-claimant vehemently

opposed the contentions made by the learned counsel for the

appellant and submits that the policy was not fake one and even

the Investigating Agency has not produced any report regarding

the fact that the policy was fake one.

Having regard to the facts and circumstances of the case,

particularly, the earlier orders passed by the co-ordinate bench of

this Court, the present appeal is admitted.

Issue notice to respondents. Issue notice of stay application

also, returnable within six weeks. At the request of learned

counsel for the appellant the service upon the respondent driver is

dispensed with. Mr. R.S. Makad, learned counsel is appearing on

behalf of respondent No. 1-claimant.

Issue notice to the respondent No. 3-owner.

Call for record.

Meanwhile, recovery of the amount pursuant to the

impugned judgment and award dated 24.08.2021 passed by the

Motor Accident Claims Tribunal -cum- Family Court, Banswara in

Motor Accident Claim Case No. 359/19 shall remain stayed.

(MADAN GOPAL VYAS),J 95-neha/-

Powered by TCPDF (www.tcpdf.org)