Allowed

Iffco Tokio General Insurance Company Limited v. Madhu

Rajasthan HC4 Apr 2022CMA/412/2022

Case brief

AI extract

What is this about?

This appeal challenges an order granted interim compensation under Section 140 of the Motor Vehicles Act. The High Court allowed the appeal, quashing the lower tribunal's order for not addressing the insurer's plea regarding the authenticity of the insurance policy.

What did the court decide?

The impugned order granting interim compensation of Rs. 50,000 was quashed. The matter was remanded to the Motor Accident Claims Tribunal to decide the application afresh.

Iffco Tokio General Insurance Company Limited Vs Madhu — Motor Accident Claims | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 412/2022

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Iffco Tokio General Insurance Company Limited, Iffco Sadan, Ci District Centre, Saket, New Delhi-110017 Through Branch Manager

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----Appellant

¶5

Versus

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Madhu W/o Nand Kishore, Aged About 28 Years, Vpo Ml, Latthawali, Tehsil And District Sri Ganganagar

¶7

Aasha Devi W/o Prabhu Dayal, Vpo, Ml, Latthawali, Tehsil And District Sri Ganganagar

¶8

Dhaanvi Gera D/o Nand Kishore, Vpo Ml, Latthawali, Tehsil And District Sri Ganganagar

¶9

Lakshita Gera D/o Nand Kishore, Vpo Ml, Latthawali, Tehsil And District Sri Ganganagar

¶10

Gagandeep Singh S/o Karnail Singh, Village 2, Tehsil Padampur, District Sri Ganganagar

¶11

Karnail Singh S/o Labh Singh, Village 2, Tehsil Padampur, District Sriganganagar

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			----Respondents
For Appellant(s)	:	Mr. Vishal Singhal
For Respondent(s)	:

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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04/04/2022

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The instant Misc. Appeal is directed against the order dated 09.09.2021 passed by the learned Judge, Motor Accident Claims Tribunal, Sri Ganganagar in MAC Case No. 25/2022 whereby the application filed by the claimants-respondents under Section 140 of Motor Vehicles Act claiming interim compensation under no fault liability was allowed by the learned Tribunal and an amount of Rs.

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(2 of 3)

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[CMA-412/2022]

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50,000/- was awarded to the claimants-respondents as interim maintenance.

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Brief of the facts of the case are that on 15.03.2019 at around 10:30 PM when the deceased Nand Kishor was roaming on his motorcycle in right side, then one car bearing NO. RJ-31-CA3478 coming from wrong direction being driven by driver Gagandeep rashly and negligently, hit the deceased resulting into several injuries and ultimately Nand Kishor died.

¶21

Learned counsel for the appellant-Insurance Company vehemently submitted that policy produced by the claimantsrespondents in the claim petition is fake one as the so-called policy No. M6674012 was issued on 14.03.2019 (at 10:34:57 hours) for a period 15.03.2019 (at 00:00:00 hours) to midnight on 16.03.2020 (at 23:59:59 hours). He further submits that the original policy No. M6674012 was issued by the Company on 16.03.2019 (at 16:14:28 hours) for a period 19.03.2019 (at 00:00:00 hours) to mid night on 18.03.2020 (at 23:59:59 hours) in the name of Karnail Singh. Therefore, learned counsel for the appellant-Insurance Company submitted that the policy produced before the learned Tribunal being fake one and as such, no liability could be fastened upon the Insurance Company even under “No Fault Liability”.

¶22

To buttress his argument, learned counsel for the appellantInsurance Company relied upon the judgment of Hon’ble Supreme Court in the case of Yallwwa Vs. National Insurance Company Limited reported in 2007 Supreme(SC) 870 wherein the Hon’ble Supreme Court has held that one of the defences available to the insurer is breach of conditions specified in the policy. When such a defence is raised, the Tribunal is required to go into the said

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(3 of 3) [CMA-412/2022]

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question. It is also vehemently submitted that the objections raised by the appellant-Insurance Company in this regard in the preliminary objection no.1 has not been adjudicated upon by the learned tribunal, while passing the impugned order.

¶25

Heard learned counsel for the respondent-Insurance Company and perused the documents available on record.

¶26

A bare perusal of the order impugned would reveal that the learned Tribunal has not considered the plea taken by the appellant-Insurance Company in para no.1 of the preliminary objection raised in the reply to the application that the policy produced by the claimants-respondents in the claim petition is fake one and straightway allowed the application under Section 140 of the Motor Vehicles Act and granted the interim compensation amount to the tune of Rs. 50,000/-.

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In view of the above, the present appeal is allowed. The impugned order dated 9.9.2021 is quashed and set aside. The matter is remanded back to the learned tribunal so as to decide the application under Section 140 of the Motor Vehicles Act afresh on its merits after hearing both the parties.

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(MADAN GOPAL VYAS),J

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13-neha/-

Iffco Tokio General Insurance Company Limited v. Madhu

Case brief

What is this about?

What did the court decide?

Iffco Tokio General Insurance Company Limited v. Madhu

Case brief

What is this about?

What did the court decide?

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