Dismissed

The New India Assurance Co. Ltd. v. Vishram and Ors.

Rajasthan HC6 Jan 2021CMA/1809/2016

Case brief

AI extract

What is this about?

The Single Judge of the Rajasthan High Court at Jodhpur dismissed an S.B. Civil Misc. Appeal. Relying on Mukund Dewangan Vs. Oriental Insurance Company, the Court held the underlying controversy regarding breach of insurance conditions is no longer res inter alios acta, finding no merit in the appeal.

What did the court decide?

The appeal and the stay application are dismissed.

The New India Assurance Co. Ltd. Vs Vishram and Ors. — Insurance | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1809/2016

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The New India Assurance Co. Ltd. through its Authorized Office,r T.P. Claims Hub, Divisional Office-I, Abhay Chambers, Jalori Gate, Jodhpur.

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----Appellant

¶5

Versus

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Vishram S/o Shri Hanja Ji Meena, resident of Gadunia, Post Balicha, P.S. Pahada, District Udaipur.

¶7

Hiralal S/o Shri Harkaji Baranda, Resident of Patia- Guda, P.S. Pahada, District udaipur.

¶8

Devilal S/o Shri Kanji Patel, R/o Village Jab Titaria, Taluka Bhilora, District Sabar Kanatha, Gujarat.

¶9

----Respondents

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For Appellant(s)	: Mr. Jagdish Vyas through VC.
For Respondent(s)	: Mr. Jitendra Ojha through VC.
	Mr. G.S. Rathore through VC.

¶11

HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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06/01/2021

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Heard learned counsel representing the appellant and the counsel representing the respondents for admission and disposal of the appeal.

¶15

After considering the submissions advanced at bar, this Court is of the firm opinion that the sole controversy involved herein that Light Motor Vehicle licence held by the driver of Mahindra Maxi Cab indicated that the vehicle was being plied in breach of Insurance Policy Conditions, is no longer res intergra in view of the law laid down by Hon’ble the Supreme Court in the case of

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(2 of 2)

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[CMA-1809/2016]

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Mukund Dewangan Vs. Oriental Insurance Company Ltd. reported in (2017)14 SCC 663 .

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Thus, there is no merit in the instant appeal which is hereby dismissed. Stay application is also rejected.

¶20

(SANDEEP MEHTA),J

¶21

44-Tikam/-

The New India Assurance Co. Ltd. v. Vishram and Ors.

Case brief

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The New India Assurance Co. Ltd. v. Vishram and Ors.

Case brief

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