Gujarat High Court
Iffco Tokio Gen. Ins. Co. Ltd vs Manorben Shankarlal Lakhara & 3 on 16 June, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/FA/694/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 694 of 2014
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IFFCO TOKIO GEN. INS. CO. LTD....Appellant(s)
Versus
MANORBEN SHANKARLAL LAKHARA & 3....Defendant(s)
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Appearance:
MR AJAY R MEHTA, ADVOCATE for the Appellant(s) No. 1
MR SANDIP C SHAH, ADVOCATE for the Defendant(s) No. 3 - 4
MR.HIREN M MODI, ADVOCATE for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 16/06/2014
ORAL ORDER
Falling of moral standards in the society is one of the major contributory factors in filing of false claims.
Present case can be considered to be one of the glaring examples of such falling standards of morality in the society. A person forgets that when he puts up a story before the Court, the Court is bound to examine the same, with, if not super intelligence at least with the intelligence of a layman.
The case of the claimants in this case is that the claimants were on visit to Indore in a vehicle bearing registration No.GJ-1 HK 2526 and as the insurance policy for that vehicle was to expire on 09/06/2007, owner of the vehicle obtained an insurance policy from opponent no.3 Iffco-Tokio Page 1 of 3 C/FA/694/2014 ORDER General Insurance Co. Ltd. bearing policy No.35534713, having certificate No.35030508 and cover note no.33330106 issued by Indore Office. The owner Kakariya Sangitaben Dineshbhai is a resident of Ahmedabad. The insurance period was stated to be 11/06/2006 to 09/06/2007. (Learned advocate Mr. Sandip Shah for the owner states that there is an error in mentioning the period by the claimant and instead of 11/06/2006, it is to be read as 10/06/2006.) The accident occurred on 10/06/2006 at 1:30 p.m. near Viramgam.
Learned advocate Mr. Sandip Shah was asked as to why a policy was taken from Iffco Tokio General Insurance Co. Ltd. Gwalior, issuing office at Indore, learned advocate submitted that the owner was on visit to Indore by the vehicle in question and therefore, he took policy on 10/06/2006.
If the policy is taken on 10/06/2006, presumption is that it must have been taken after opening of office i.e. at 10:00 a.m. and after taking policy at 10:00 a.m. on 10/06/2006, even with the rocket speed, the car cannot reach to the place of accident near Viramgam at 1:30 p.m.. If required, the insurance company may take assistance of the concerned highway authorities to obtain a certificate to the effect that to travel from Indore to Dahod will take not less than 6 to 8 hours due to road conditions between Indore and Dahod at a relevant time i.e. year 2006. This means that either of the two things is wrong, (1) that the insurance policy was taken on 10/06/2006 from the issuing office at Indore of Iffco Tokio General Insurance Co. Ltd., Gwalior or (2) that the car reached at 1:30 p.m. near Viramgam. Now, the factum of accident is not denied either by the claimants or by the Page 2 of 3 C/FA/694/2014 ORDER insurance company or by the owner. Therefore, necessarily the say of the owner that the policy was taken from the issuing office at Indore on 10/06/2006 is not correct.
The matter requires consideration.
ADMIT.
Learned advocate Mr. Hiren Modi waives service of admission of this First Appeal for respondent no.1 and learned advocate Mr.Sandip Shah waives service of admission for respondent nos.3 and 4 of this First Appeal.
(RAVI R.TRIPATHI, J.) ila Page 3 of 3