New India Assurnace Co Ltd vs Sureshchandra Jethalal Purohit on 1 April, 2022
In view of the above mentioned
facts, the judgment cited by Mr. Modi, learned advocate for the
claimant rendered in (i) 2012 ACJ 870 - Pappu (supra) (ii) First
Appeal No.3246 of 2005 to First Appeal No.3250 of 2005 and (iii)
First Appeal No.2333 of 2007 are helpful to the case of the claimant
and therefore, no substance is found in the submissions made by Ms.
Bhaya, learned advocate for the appellant - insurance company in
view of above discussion and as the insurance company has failed to
prove its case by leading cogent and convincing reasons. The appeal
therefore deserves to be dismissed.