Dismissed

Cholamandalam Ms Gen Insurance v. Kaushalyabai and Ors.

Rajasthan HC24 Nov 2022CW/10273/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by an insurance company challenging the Motor Accidents Claims Tribunal's dismissal of an application for constables' duty charts. The Court held that the petitioner must prove its case with evidence and that the Tribunal correctly declined to exercise jurisdiction.

What did the court decide?

Writ petition stands dismissed; no remedy granted.

Cholamandalam Ms Gen Insurance Vs Kaushalyabai and… — Motor Accident Claims | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10273/2018

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Cholamandalam Ms General Insurance Co. Ltd. Second Floor, Dare House 2, NSC Bose Road, Chennai 600001, having it’s Regional Office at E-52, IInd Floor, Chitaranjan Marg, C-scheme, Jaipur through it’s Constituted Attorney.

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----Petitioner/Non-Claimant

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Versus

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Kaushalyabai W/o Ramchandra B/c Dhakar, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Chandani D/o Ramchandra B/c Dhakar, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Akshay Kumar S/o Ramchandra B/c Dhakar, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Deepika D/o Ramchandra, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Rinki D/o Ramchandra, Being Minor Through Her Natural Guardian And Mother Kaushalyabai W/o Ramchand, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Gheesibai W/o Mathuralal, R/o Police Line, New Family Quarter No.9, Block D, Jhalawar, District Jhalawar, Raj.

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Lalit Kumar Sain S/o Purilal Sain, R/o Kenvchi Khurd, Tehsil Aklera, District Jhalawar, (Raj.) (Driver Cum Owner Of Vehicle).

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----Respondents

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For Petitioner(s) : Mr. Virendra Agarwal For Respondent(s) : Mr. Sanjay Mehrishi

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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24/11/2022

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This writ petition has been filed by the petitioner challenging the order dated 16.03.2018 whereby the application submitted by

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(2 of 3)

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[CW-10273/2018]

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the petitioner-insurance company under Order 11 Rule 14 read with Section 151 C.P.C. was dismissed.

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Brief facts of the case are that the respondents-claimants filed a claim petition before the Motor Accidents Claims Tribunal, Jhalawar seeking compensation on account of death of Ram Chander who was working as a Constable in Rajasthan Police. When the matter was going on for recording statement of claimants, the petitioner insurance company filed an application under Order 11 Rule 14 read with Section 151 C.P.C. for seeking information about posting of three constables who were witness in the criminal case lodged against the driver of the offending vehicle. The said application was dismissed by the learned tribunal vide order dated 16.03.2018. Hence, this writ petition has been filed by the petitioner-insurance company challenging the order dated 16.03.2018.

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Counsel for the petitioner submitted that the accident took place on 16.01.2015 and FIR was lodged against unknown vehicle on the next date i.e. on 17.01.2015 and the charge-sheet was filed by the police after investigation against the driver of the Vehicle No.RJ-17-UA-3653 which was insured with petitioner insurance company. Counsel further submits that the said vehicle was not involved in the accident and the vehicle has been falsely involved just to seek the compensation from the insurance company and the application was rightly filed by the insurance company seeking duty chart of three constables. Counsel further submits that the tribunal without appreciating the material available on record and without application of mind dismissed the application.

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(3 of 3)

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[CW-10273/2018]

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Counsel for the respondents-claimants submitted that it was the duty of the insurance company to submit the evidence on their behalf to prove their case. Counsel further submits that the statement of three constables were recorded by the police during investigation and on the basis of said investigation, charge-sheet has duly been filed against the driver of the offending vehicle, counsel further submits that if the application submitted by the insurance-company under the R.T.I. Act for obtaining the copies has not been responded and the copy of the duty chart has not been provided then they can very well file the appeal before the Appellate Authority.

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Heard counsel for the parties and perused the record.

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This writ petition filed by the petitioners deserves to be dismissed for the reasons; firstly, the petitioner insurance company cannot doubt the involvement of the vehicle as the police after due investigation has submitted the charge-sheet against the driver of the offending vehicle before the competent court of law; secondly, the petitioner-company has to prove its case before the tribunal by leading their own evidence and it is the discretion of the tribunal to call the material witnesses; and lastly, in the facts and circumstances of the present case, I am not inclined to exercise the jurisdiction of this court under Article 227 of the Constitution of India.

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Hence, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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JYOTI /34

Cholamandalam Ms Gen Insurance v. Kaushalyabai and Ors.

Case brief

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Cholamandalam Ms Gen Insurance v. Kaushalyabai and Ors.

Case brief

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