Delhi High Court - Orders
United India Insurance Co. Ltd vs Sh. Inderjeet Singh on 25 November, 2022
$~17.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 599/2022 CM APPL. 50492/2022 (Ex party stay)
UNITED INDIA INSURANCE CO. LTD. ..... Appellant
Through: Mr. Nikhil Jain and Mr. Satya
Prakash, Advocates
versus
SH. INDERJEET SINGH ..... Respondent
Through: Mr. Daljeet Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 25.11.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 50491/2022 & CM APPL. 50493/2022 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Applications stand disposed of.
CM APPL. 50494/2022 (Delay of 46 days in filing the appeal)
3. Present application has been filed by the appellant seeking condonation of delay of 46 days in filing the present appeal.
4. For the reasons stated in the present application, the same is allowed.
Delay of 46 days in filing the present appeal is condoned.
5. Application stands disposed of.
CM APPL. 50495/2022 (delay of 172 days in refiling the appeal)
6. Present application has been filed by the appellant seeking condonation of delay of 172 days in refiling the present appeal.
Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:29.11.2022 17:21:437. For the reasons stated in the present application, the same is allowed.
Delay of 172 days in refiling the present appeal is condoned.
8. Application stands disposed of.
RFA 599/2022 CM APPL. 50492/2022 (Ex party stay)
9. The appellant (original respondent) in the present appeal is assailing the impugned judgment and decree dated 31.10.2019 passed by learned Additional District Judge -03, North West District, Rohini Courts in Civil Suit No. 576813/2016 titled Sh. Inderjeet Singh Vs. United India Insurance Co Ltd.
10. Vide the impugned judgment, the learned Trial Court was pleased to decree the suit for recovery filed by the respondent (original plaintiff) against the appellant for the recovery of the insurance claim.
11. Learned counsel for the appellant submits that the respondent purchased a second hand truck bearing No. HR-55P-0915 through its broker. The said truck got insured with the appellant insurance company through its representative. The said insurance policy was valid from 13.09.2012 to 12.09.2013.
12. On 30.08.2013, the said truck was burnt by the rioters at Dharuhera, Haryana along with some other vehicle. FIR No. 335/2013 was registered and a chargesheet was also filed. The respondent approached the appellant for his insurance claim, however, the appellant repudiated the insurance claim on the ground of mis- representation / non-disclosure of facts both at the time of taking policy and the time of making claim.
13. Learned counsel for the appellant further submits that the respondent while obtaining the insurance policy, wrongfully declared that no Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:29.11.2022 17:21:43 claim was made during the previous coverage from the HDFC Ergo Ltd. On the basis of said declaration, he availed no claim bonus to the extent of 20%.
14. Learned counsel for the appellant further submits that the learned Trial Court failed to appreciate that the contract of the insurance is based on principle of „Uberrima Fides' whereby each contracting party is required to maintain utmost good faith. The respondent obtained the insurance policy by mis-representation and hence not entitled for any insurance claim.
15. This matter requires consideration.
16. Notice.
17. Learned counsel for the respondent who appears on advance notice accepts notice.
18. Subject to the appellant depositing the entire decretal amount with upto date interest within four weeks with the Registrar General of this Court, there shall be a stay of the operation of the impugned judgment dated 31.10.2019.
19. The Registry is directed to keep the said amount so deposited in an interest bearing FDR with an auto renewal facility.
20. List on 12.05.2023.
GAURANG KANTH, J NOVEMBER 25, 2022 ms Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:29.11.2022 17:21:43