Icici Lombard General Insurance ... vs Legal Heirs Of Deceased Lakshmanbhai ... on 7 May, 2026
7. Inviting my attention to the principal contention raised by
the Insurance Company disputing its liability on the ground
that the vehicle in the facts of the case was used as a taxi to
carry passengers for hire or reward. Considering the
aforesaid ground of the appellant- Insurance Company, the
Division Bench has closely appreciated the FIR produced at
Exh.32 wherein it was stated that the insurer vehicle was
hired. The Court upon appreciation of the aforesaid statement
made by the informant in light of the terms and conditions of
the policy arrived at the conclusion that policy does not cover
use for hired and reward purposes. As regards the stand of
the original claimants is concerned, the Court observed that
once the document is produced on record the claimant cannot
be permitted to choose part of the document in their favour
and to disown the part of the documents against them. The
Court has therefore, accepted the appeal of the appellant -
Insurance Company by exonerating them from liability to pay
any amount of compensation. Learned advocate has also
placed reliance upon the unreported judgment of the learned
Single Judge of this Court in case of National Insurance
Company Limited vs. Rekhaben Rajeshbhai Rathod and
Others rendered in First Appeal No.2446 of 2007 dated
Page 15 of 40
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NEUTRAL CITATION
C/FA/1762/2015 JUDGMENT DATED: 07/05/2026
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8th April 2014. The reliance was placed on observations in
Paras 9, 10, and 11. Learned advocate has therefore urged to
allow the appeal and exonerate them from their liability to pay
any amount of compensation.