Iffco Tokio General Insurance Co. ... vs Nathji Patel
2023 Latest Caselaw 1254 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 173/2023

Iffco Tokio General Insurance Co. Ltd., Branch No. 1-B, Ground Floor, Mehta Bhawan, Ashok Nagar, Udaipur

----Appellant Versus

1. Nathji Patel S/o Laleng, (Father Of Deceased), Resident Of Village Etaua, Tehsil Bagidora, District Banswara. (Raj.)

2. Smt. Kadvi W/o Nathji Patel, (Mother Of Deceased), Resident Of Village Etaua, Tehsil Bagidora, District Banswara. (Raj.)

3. Premchand S/o Hurji Ninama, Resident Of Kotda, Timda Bada, Police Station Kushalgarh, District Banswara (Raj.) (Driver)

4. Jhitra S/o Madiya Katara, Resident Of Kotda, Timda Bada, Police Station Kushalgarh, District Banswara (Raj.) (Owner)

----Respondents

For Appellant(s) : Mr. Vishal Singhal

HON'BLE MS. JUSTICE REKHA BORANA

Order

02/02/2023

Learned counsel for the appellant submitted that the FIR

regarding the accident in question was registered after a period of

17 days and further that no eye witness has been produced in the

witness box to substantiate the case of the claimants. Learned

counsel further submitted that admittedly, the deceased was

travelling with one Laxman on his motorcycle when the accident

happened therefore, there was admittedly an eye witness to the

accident but he also has not been produced in the witness box.

(2 of 2) [CMA-173/2023]

Learned counsel for the appellant relied upon the judgment

passed in the case of Cholamandalam General Insurance

Company Ltd. vs. Smt. Badami & Ors.; S.B. Civil Misc.

Appeal No.1148/2018 decided on 09.05.2018 which has been

affirmed by the Hon'ble Apex Court in Special Leave to Appeal

(C) No.16262/2018 decided on 13.07.2018 wherein it has been

held that a claim petition cannot be allowed in absence of

examination of an eye witness.

In view of the submissions made, Admit.

Issue notice. Issue notice of stay application also.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellant for service

through registered post acknowledgment due.

Notices be made returnable within a period of four weeks.

Meanwhile, operation and effect of the award dated

30.09.2022 shall remain stayed qua the appellant-Insurance

Company.

(REKHA BORANA),J 6-T.Singh/-

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