This order dismisses the appeal challenging an interim award of Rs.50,000/-, holding that the substantive dispute regarding the insurance policy must be tried by the Tribunal, especially as respondents are ready to provide an undertaking.
The appeal is disposed of; the record of the Tribunal is to be sent back.
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[2023/RJJP/009118]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 6146/2017
Hdfc Ergo General Insurance Company Ltd., Jhalawar Having Its Divisional Office 302, Upasana Tower, Jaipur, Distt. Jaipur Througgh Its Constituted Attorney.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Virendra Agrawal For Respondent(s) : Mr. Sajid Ali
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
03/05/2023
Heard learned counsel for the appellant as well as respondents.
[2023/RJJP/009118]
[CMA-6146/2017]
(2 of 2)
The appellant has challenged the interim order granting relief of Rs.50,000/- to the respondents vide impugned order dated 24.10.2017.
Learned counsel for the appellant submits that the policy in question does not cover the risk of the occupant as the vehicle in question was insured under miscellaneous and special type of vehicle liability only policy, whereby the premium has been charged only to cover the risk of one percent and that too driver alone. Thus, Insurance Company is not under an obligation to indemnify the insured vehicle either on the basis of fault liability or under no fault liability.
Learned counsel for the respondents submits that the dispute raised by the appellant is to be decided by the learned Tribunal and at this stage there is no reason to go into merits of the case. He further submits that in pursuance of the order dated 24.10.2017 he would submit the undertaking regarding the disputed amount, therefore, the appeal may be disposed of.
In view of the facts that the matter is triable before the learned Tribunal regarding the dispute and respondents are ready to furnish the undertaking concerning the disputed amount, the present appeal is disposed of with the above observations.
Record of the learned Tribunal be sent back forthwith.
(PRAVEER BHATNAGAR),J
6- SURAJ KUMAR & Mohit /716
2 issues framed by the court
Whether the interim order granting relief needs to be set aside or disposed of at this appellate stage.
Whether the company's objection regarding policy coverage must be adjudicated by the Tribunal first.
Hdfc Ergo General Insurance Company Ltd.
Mohanlal S/o Gopalla
Smt. Gayatri Bai W/o Mohanlal
Ravi S/o Mohanlal
Sushri Rita Minor Through Natural Guardian Mohanlal
Barji Bai W/o Gopal Ji
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
