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FA/2514/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2514 of 2010
With
CIVIL
APPLICATION No. 10093 of 2010
In
FIRST APPEAL
No. 2514 of 2010
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NATIONAL
INSURANCE COMPANY - Appellant
Versus
TRIKAMBHAI
GANDABHAI SOLANKI (PARMAR) & 2 - Defendants
=================================================
Appearance :
MR
DAKSHESH MEHTA for Appellant:
MR.HIREN M MODI for Defendant :
1,
None for Defendants : 2 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 18/10/2010
ORAL
ORDER
F.A.
2514 OF 2010
Heard
learned advocates for the parties. Shri Mehta for the appellant has
contended that the First Information Report exhibit-26 and the
testimony of the insured claimant at exhibit-32, especially the
cross-examination go to clearly show that the claimant was not
entitled to receive any amount from the insurance company, as the
insured vehicle was in the name of one Shri Rajendrabhai, whereas
said Rajendrabhai had sold the vehicle to someone else, who happened
to be the first informant before the police. The insured himself has
deposed that he had travelled in the jeep on payment of Rs.15/- per
passenger along with some other 15 passengers who were travelling in
the jeep. The policy exhibited indicate that it was a private car
policy wherein car was not supposed to be used for hire & reward.
All these factors conclusively go to show that there is strong prima
facie case against the claimant, so far as the insurance company is
concerned. Hence the appeal is required to be admitted. Accordingly
it is ADMITTED. Shri Modi, learned advocate for the respondent no.1
waives service of notice admission.
C.A.
NO. 10093 OF 2010
In
view of the order made in the First Appeal, RULE in application,
returnable on 2/12/2010. Shri Modi for opponent no.1 waives service
of notice of rule.
Looking
to the facts & circumstances attending the case, ad-interim
relief in terms of para no. 4(A) of the application is granted, on a
condition of applicant insurance company depositing the entire
awarded amount before the Claims Tribunal on or before the returnable
date. Order with regard to disbursement or deposit thereof, if any,
shall be made on the returnable date.
At
this stage Shri Modi has volunteered that the entire appeal could be
disposed of, if some time is granted to him. In view of this
statement, though the appeal is admitted, it is ordered that record
& proceedings be called for so as to reach this Court on or
before 1/12/2010 and there shall be all the endeavours made by both
the sides to have the matter disposed of finally by the returnable
date.
Adjourned
to 2/12/2010.
[
S.R. BRAHMBHATT, J ]
/vgn
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