Icici Lombard General Insurance ... vs Rukmani Devi
2022 Latest Caselaw 8576 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1033/2022

Icici Lombard General Insurance Co. Ltd., Gurundi Bhawan, Plot No. 9A/b/3 Near Bhati Circle, Ratanada, Jodhpur.

----Appellant Versus

1. Rukmani Devi W/o Late Shri Ramkumar Khichi, Aged About 58 Years, B/c Khateek, R/o House No. 27, Ward No. 18, Padampur, Distt. Sriganganagar.

2. Rakesh Kumar S/o Late Shri Ramkumar Khichi, Aged About 31 Years, B/c Khateek, R/o House No. 27, Ward No. 18, Padampur, Distt. Sriganganagar.

3. Ashok Kumar S/o Late Shri Ramkumar Khichi, Aged About 35 Years, B/c Khateek, R/o House No. 27, Ward No. 18, Padampur, Distt. Sriganganagar.

4. Prathvi Raj S/o Uma Ram, R/o Seoova, Tehsil Rajgarh, Distt. Churu Presently R/o Asi Thana Police Hanumangarh Town. (Owner And Driver Of Vehicle Up-31-E-3081)

5. Sunil Kumar S/o Dhani Ram, R/o Rameeya Behar, Lakhimpur, Lmp Kheri, Utter Pradesh. (Rc Owner Of The Insured Vehicle Up-31-E-3081)

6. Smt. Indra Devi D/o Late Shri Ramkumar Khichi, W/o Ashok Kumar, B/c Khateek, R/o Ward No. 5 Near Lbs School, Rai Singh Nagar, Distt. Sriganganagar.

7. Smt. Rekha D/o Late Shri Ramkumar Khichi, W/o Vinod Kumar, B/c Khateek, R/o Ward No. 5 Near Lbs School, Rai Singh Nagar, Distt. Sriganganagar.

8. Smt. Banarasi Devi W/o Ishwar Das, B/c Khateek, R/o House No. 27, Ward No 18 Padampur, Distt. Sriganganagar.

                                                                   ----Respondents


For Appellant(s)          :     Mr. Vinay Kothari
For Respondent(s)         :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

(2 of 2) [CMA-1033/2022]

04/07/2022

Mr. Vinay Kothari, learned counsel appearing for the

appellant-Insurance Company submits that the claimants-

respondents Nos. 1 to 3 have played a fraud while placing on

record a fake copy of the cover note of the Insurance policy.

It is also submitted that the accident occurred on 27.06.2012

whereas the FIR was registered on 14.07.2012 i.e. almost after

delay of 15 days.

It is also submitted that Ram Kumar Khich was not died due

to the injuries suffered from the alleged accident, but was died

due to hypertension on 07.09.2012 i.e. much after three and half

months after the date of accident.

It is, therefore, prayed that the effect and operation of the

impugned award deserves to be stayed.

Matter requires consideration.

Admit.

Issue notice to the respondents. Issue notice of stay

application also, returnable within six weeks.

In the meanwhile, effect and operation of the judgment and

award dated 26.04.2022 passed by the learned Judge Motor

Accident Claims Tribunal, Shrikaranpur, District Sriganganagar in

Claim Case No. 4/2013 shall remain stayed.

(MADAN GOPAL VYAS),J 9-neha/-

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