Disposed

SBI General Insurance Co. Ltd. v. Manish Vagoriya

Rajasthan HC21 Aug 2024CW/400/2024

Case brief

AI extract

What is this about?

Permanent Lok Adalat award directing payment of accident claim to respondent. Court disposed of petition. Ordered claimant to hand over vehicle documents to insurer post-payment, ensuring IRDAI guidelines are followed.

What did the court decide?

Petition disposed. Directions: (i) Respondent to hand over vehicle and documents to applicant within one week; (ii) Applicant to take vehicle from workshop; (iii) Payment of loss amount; (iv) Complian

SBI General Insurance Co. Ltd. Vs Manish Vagoriya — Arbitration | Rajasthan HC (2024)

¶1

[2024:RJ-JD:34460]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 400/2024

¶4

Sbi General Insurance Co. Ltd., Branch Office Railway Station Road, Pali (Raj.)

¶5

----Petitioner

¶6

Versus

¶7

Manish Vagoriya S/o Shyam Lal Vagoriya, B/c Khtik, R/o 178, Aashpura Nagar, Khodiya Balaji Road, Pali Tehsil And District Pali (Raj.)

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Vishal Singhal For Respondent(s) : Mr. Mahesh Joshi

¶10

HON'BLE MS. JUSTICE REKHA BORANA

¶11

Order

¶12

21/08/2024

¶13

The present writ petition has been preferred against the award dated 13.09.2023 passed by the Permanent Lok Adalat, Pali in Case No.96/2020 whereby the complaint/claim as preferred by the complainant/claimant has been allowed and the non-applicant Insurance Company has been directed to pay an amount of Rs.12 lakhs to the complainant/claimant with interest at the rate of 6% per annum with effect from 17.07.2020.

¶14

Learned counsel for the petitioner Insurance Company submits that the present was clearly a fake claim as the vehicle in question had met with an accident on some day prior to 21.02.2020, the date on which the insurance policy of the vehicle in question was transferred in the name of the present claimant.

¶15

Learned counsel for the petitioner Insurance Company submits that the award has been passed by the Permanent Lok

[2024:RJ-JD:34460]

[CW-400/2024]

(2 of 3)

Adalat considering the vehicle to be a total loss accident vehicle. He submits that firstly, the said award amount could not have exceeded the Insured Declared Value (IDV) of the vehicle in question, which was Rs.11,36,195/-. Secondly, if the award has been passed considering the vehicle to be completely damaged, in that case, the guidelines as issued by the Insurance Regulatory and Development Authority of India ought to have been followed. Meaning thereby, the applicant ought to have been directed to hand over the possession of the vehicle in question along with its registration certificate and other documents to the Insurance company so that the Insurance Company could have ensured that the total loss accident vehicle be not misused and also ensure the cancellation of the registration certificate of the vehicle in question.

¶20

Learned counsel appearing for the respondent claimant, on instructions of the claimant who himself is present in person before this Court, submits that the claimant is ready to hand over the possession of the vehicle in question along with its registration certificate to the Insurance Company subject to the award amount being paid to him.

¶21

In view of the submissions made, the present writ petition is disposed of with the following directions:

¶22

(i) The respondent claimant shall hand over the possession of the vehicle in question along with its registration certificate and the other relevant documents to the petitioner Insurance Company within a period of one week from now.

[2024:RJ-JD:34460]

[CW-400/2024]

(3 of 3)

(ii) It shall be the liability of the Insurance Company to take over the possession of the vehicle from the workshop where the vehicle is lodged at present, in presence of the claimant.

¶27

(iii) On the possession of the vehicle being handed over along with relevant documents, the amount of Rs.11,36,195/(insured declared value) with interest at the rate of 6% per annum with effect from 17.07.2020 shall be paid to the claimant on the same date by an account payee cheque.

¶28

(iv) The Insurance Company shall be under an obligation to proceed in accordance with the guidelines dated 25.07.2019 issued by the Insurance Regulatory and Development Authority of India, qua the vehicle in question.

¶29

So far as the objection raised by learned counsel for the petitioner pertaining to the present claim being a fake one is concerned, this Court is of the clear opinion that even if the said averment is accepted on its face value, the same would not affect any of the conditions of the insurance policy. Admittedly, the policy was in effect for a period of 14.06.2019 to 23.06.2020 and the accident in question took place between the said period. Therefore, even if the policy would not have been transferred in name of the present claimant, the Insurance Company would even otherwise have been liable qua the same.

¶30

Stay petition and all pending applications, if any, stand disposed of .

¶31

(REKHA BORANA),J

¶32

353-SPhophaliya/KashishS/-

SBI General Insurance Co. Ltd. v. Manish Vagoriya

Case brief

What is this about?

What did the court decide?

SBI General Insurance Co. Ltd. v. Manish Vagoriya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shree Arya Samaj Vs Bherulal

Jai Singh Vs State of Raj. and Anr.

Pawan Kumar Vs State Transport Appe. Trib., and Ors.

Mangal Chand Vs State and Ors.

Lachhu Alias Lakshman Gurjar Vs Kailashi Gurjar

Jailaram Vs State of Rajasthan