Hdfc Ergo General Insurance ... vs Santosh
2022 Latest Caselaw 7367 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 210/2022 HDFC ERGO General Insurance Company Ltd., Registered Office At Ramon House, Ht Parekh Marg, 169, Backbay Reclamation, Mumbai-20, Jodhpur Office At N.k. Tower, Chopasni Road, Jodhpur

----Appellant Versus

1. Santosh W/o Lalit Kumar, 67, Ramdeo Chowk, Bhagat Ki Kothi, Jodhpur

2. Dinesh Kumar S/o Shriram Brahmin, Godian Tola Old Sitapur, District Sitapur, U.p.

3. Vijay Kataria S/o Kundan Lal, A-7L3Fs, S.i. Colony, Ps Model Town Delhi Road, Gurgaon, Haryana, Presenly Residing At B-14 Geetanjali Enclave, Ps Malviya Nagar, New Delhi-17

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

17/05/2022

Learned counsel for the appellant has submitted that from a

bare perusal of the insurance policy (Exhibit-18) issued by the

appellant-insurance company, it is clear that policy of the vehicle

in question was issued on 18.12.2012 and the same was effective

from 18.12.2012 to midnight of 17.12.2013. It is further

submitted that admittedly, the accident took place on 16.12.2012

i.e. prior to the date of issuance of the policy in question.

Learned counsel for the appellant has submitted that the

Hon'ble Supreme Court in the case of National Insurance

Company Ltd. Vs. Sobina Iakai (Smt) and Ors, reported in

2007 (7) SCC 786 has clearly held that effectiveness of the

(2 of 2)

insurance policy will start from the time and date specifically

incorporated in the policy and not from an earlier point of time.

Admit.

Issue notice. Issue notice of stay petition also, returnable

within a period of eight weeks and be given 'dasti' to the learned

counsel for the appellant for service.

In the meantime, execution of the impugned award qua the

appellant-insurance company shall remain stayed.

(VIJAY BISHNOI),J

2-AjaySingh/-

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