The Oriental Insurance Company ... vs Rekhi Devi
2023 Latest Caselaw 1333 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 1935/2022

The Oriental Insurance Company Limited

----Appellant Versus Rekhi Devi

----Respondent

For Appellant(s) : Mr. Rishi Chouhan For Respondent(s) : Mr. M.L. Khatri

HON'BLE MS. JUSTICE REKHA BORANA

Order

03/02/2023

Admit. Issue notice.

Notice need not be issued to respondents Nos.1 to 5

claimants as they are already being represented by their counsel.

Notices be issued to respondents Nos.6 and 7 only.

Heard learned counsel for the parties on stay application.

Learned counsel for the appellant submitted that it is clear

on record that the deceased was sitting on the tractor and fell

down from the same. As per the policy, the seating capacity of a

tractor is only one and therefore, there was a clear breach of the

policy conditions. Learned counsel further submitted that because

of the breach of the policy conditions, the Insurance Company

would not be liable to indemnify the liability and the finding of the

learned Tribunal holding the Insurance Company liable deserves to

be set aside.

A perusal of the impugned judgment as well as the FIR and

site report as supplied for perusal of this Court by learned counsel

for the appellant, makes it clear that in the FIR, it was the specific

(2 of 2) [CMA-1935/2022]

version that the deceased was sowing the seeds when the tractor

overturned on him due to which he expired.

In view of the specific findings of the learned Tribunal, this

Court is not inclined to grant any interim order in favour of the

Insurance Company.

The stay petition is therefore, dismissed.

List the appeal for hearing after service of respondents Nos.6

and 7.

(REKHA BORANA),J 4-AbhishekS/-

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