Disposed

Hdfc Ergo General Insurance Co. Ltd. v. Babu and Ors.

Rajasthan HC10 Nov 2021CMA/2792/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of connected civil miscellaneous appeals filed by HDFC Ergo General Insurance Company Ltd. against insurance claimants. The appeals were settled based on a compromise reached between the appellant insurer and the respondent claimants.

What did the court decide?

All connected appeals disposed of in terms of compromise between appellant insurer and respondent claimants without adjudication on merits.

Hdfc Ergo General Insurance Co. Ltd. Vs… — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 2794/2018

¶3

HDFC Ergo General Insurance Company Ltd. Service Through Manager, 6Th Floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai, Having Its Local Office At Office No. 2, Third Floor, C-99, Singhvi Upasana Tower, Shubhash Marg, C- Scheme, Jaipur Through Its Constituted Attorney.

¶4

----Appellant

¶5

Versus

¶6

Gaurav S/o Rameshwar, aged about 17 years, Minor Through Natural Guardian And Mother Savitri

¶7

Neetu D/o Rameshwar, aged about 23 years,

¶8

Laxmi D/o Rameshwar, aged about 27 years,

¶9

Savitri W/o Rameshwar, aged about 50 years, All R/o Kanchanpura, Tehsil Basedi, Police Station Sarmathura, Presently Kachhari Road, Dholpur Raj

¶10

Kailash S/o Kalyan R/o Bane Ka Barkheda, Police Station Sadar, Dausa, District Dausa Raj.

¶11

----Respondents

¶12

Connected With

¶13

S.B. Civil Miscellaneous Appeal No. 2795/2018

¶14

HDFC Ergo General Company Ltd., Service Through Manager, 6^th Floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai, Having Its Local Office At Office No. 2, Third Floor, C- 99, Singhvi Upasana Tower, Shubhash Marg, C-Scheme, Jaipur Through Its Constituted Attorney.

¶15

----Appellant

¶16

Versus

¶17

Santobai W/o Vijay Singh, aged about 40 years,

¶18

Suman Kumari D/o Vijay Singh, aged about 15 years,

¶19

Rinki Kumari D/o Vijay Singh, aged about 11 years,

¶20

Pankaj Kumar S/o Vijay Singh, aged about 10 years,

¶21

Sandeep Kumar S/o Vijay Singh, aged about 8 years,

¶22

Anand S/o Pal Singh, aged about 70 years, Claimants-Respondents No. 2 To 5 Being Minor Through Their Natural Guardian And Mother Santobai,

¶23

(2 of 4)

¶24

[CMA-2794/2018]

¶25

All R/o Gyadaspura, Gram Panchayat Madhasil, Police Station Sarmathura, Presently Bhamtipura, Dholpur Raj.

¶26

1. Kailash S/o Kalyan R/o Bane Ka Barkheda, Police Station Sadar, Dausa, District Dausa (Raj.)

¶27

----Respondents

¶28

S.B. Civil Miscellaneous Appeal No. 2792/2018

¶29

HDFC Ergo General Insurance Company Ltd., Service Through Manager, 6Th Floor, Leela Business Park, Andheri Kurla Road, Andheri East Mumbai, Having Its Local Office At Office No. 2, Third Floor C-99, Singhvi Upasana Tower, Shubhash Marg, C- Scheme, Jaipur Through Its Constituted Attorney

¶30

----Appellant

¶31

Versus

¶32

Babu S/o Bacchu, aged about 45 years, R/o Village Kanchanpura, Teshil Basedi, District Dholpur, Presently Hardev Nagar, Dholpur

¶33

Keshav Singh S/o Kamal Singh, R/o Village Gyadaspura (Madhasil), Tehsil Basedi, District Dholpur, Presently Hardev Nagar, Dholpur

¶34

Kailash S/o Kalyan, R/o Bane Ka Barkheda, Police Station Sadar, Dausa, District Dausa Raj.

¶35

----Respondents

¶36

S.B. Civil Miscellaneous Appeal No. 2793/2018

----Appellant

Versus

Savitri W/o Rameshwar, aged about 50 years, R/o Vill. Kanchanpura, Tehsil Basedi, Police Station Sarmathura, Presently Kachhari Road, Dholpur Raj

¶41

Kailash S/o Kalyan, R/o Bane Ka Barkheda, Police Station Sadar, Dausa, District Dausa Raj

(3 of 4)

[CMA-2794/2018]

----Respondents

S.B. Civil Miscellaneous Appeal No. 2796/2018

¶46

HDFC Ergo General Insurance Company Ltd., Service Through Manager, 6Th Floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai, Having Its Local Office At Office No. 2, Third Floor, C-99, Singhvi Upasana Tower, Shubhash Marg, C- Scheme, Jaipur Through Its Constituted Attorney

¶47

----Appellant

¶48

Versus

¶49

Saroopbai W/o Kalyan Singh, aged about 39 years,

¶50

Naman Kumar S/o Kalyan Singh, aged about 15 years,

¶51

Surjeet S/o Kalyan Singh, aged about 16 years,

¶52

Shivkumari D/o Kalyan Singh, aged about 19 years,

¶53

Birajbai W/o Bacchu Singh, aged about 70 years, Claimants-Respondents No. 2 And 3 Being Minor Through Their Natural Guardian And Mother Saroop Bai All R/o Kanchanpura, Tehsil Basedi, Police Station Sarmathura, Presently Kachhari Road, Dholpur Raj

¶54

Kailash S/o Kalyan R/o Bane Ka Barkheda, Police Station Sadar, Dausa, District Dausa Raj

¶55

----Respondents

¶56

For Appellant(s) : Mr. Virendra Agarwal, Adv. For Respondent(s) : Mr. Dinesh Kumar Garg, Adv.

¶57

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

¶58

Order

¶59

10/11/2021

¶60

Both the learned counsel for the parties submit that the appellant-insurance company and the respondents-claimants have entered into compromise and as such they request to dispose of the present appeals in terms of the compromise arrived at between the parties.

¶61

(4 of 4)

¶62

[CMA-2794/2018]

¶63

This Court finds that the matters do not require any adjudication on merits and the present appeals are disposed of in terms of the compromise entered into between the parties.

¶64

The terms of the compromise may be treated as part of this order.

¶65

A copy of this order be separately placed in each appeal.

¶66

(ASHOK KUMAR GAUR),J

¶67

Ramesh Vaishnav /86/Himanshu Soni

¶68

77-78, 19-21.

Hdfc Ergo General Insurance Co. Ltd. v. Babu and Ors.

Case brief

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What did the court decide?

Hdfc Ergo General Insurance Co. Ltd. v. Babu and Ors.

Case brief

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