Sunil Kumar Tanwar vs Union Of India And Ors on 4 February, 2021

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Delhi High Court - Orders

Sunil Kumar Tanwar vs Union Of India And Ors on 4 February, 2021

Bench: Prathiba M. Singh

                                                                                               Signature Not Verified
                                                                                               Digitally Signed By:DINESH
                                                                                               SINGH NAYAL
                                                                                               Signing Date:05.02.2021
                                                                                               22:41:45

                                $~46
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +                  W.P.(C) 9276/2020
                                      SUNIL KUMAR TANWAR                                     ..... Petitioner
                                                   Through:             Mr. Harsh Kumar and Ms. Sikha Moni
                                                                        Gogoi, Advocates (M-9958313389).
                                                           versus
                                      UNION OF INDIA AND ORS                                ..... Respondents
                                                    Through: None.
                                      CORAM:
                                      JUSTICE PRATHIBA M. SINGH
                                               ORDER

% 04.02.2021

1. This hearing has been done through video conferencing.

2. The grievance of the Petitioner in the present case is that Respondent No. 3- Magma HDI General Insurance Company Ltd., has vide the impugned repudiation letter dated 29th August, 2020, refused to pay the insurance claim to the Petitioner pertaining to damages to vehicle bearing Registration no. DL01LY9453 in an accident dated 26th May 2020. The ground for the said refusal is that the vehicle has already been sold to Mr. Baijnath.

3. The submission of ld. counsel for the Petitioner is that Mr. Baijnath was the driver of the Petitioner, and the ground that the vehicle has been sold to him is completely incorrect.

4. Issue notice to the Respondents, returnable on the next date. Let counter affidavit be filed within four weeks. Rejoinder, thereto, if any, be filed within two weeks, thereafter.

5. Respondent No. 3- insurance company, shall specifically place on record, the material, if any, to show that the vehicle has been sold to Mr. Baijath, as the same is the ground for rejection of the claims of the Petitioner.

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:05.02.2021 18:51 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:05.02.2021 22:41:45

6. List before Registrar (Appellate) on 4th April, 2020, for completion of service and pleadings.

7. List before the Court on 4th May, 2021.

PRATHIBA M. SINGH, J FEBRUARY 4, 2021 Rahul/Ak Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:05.02.2021 18:51

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Delhi High Court - Orders