Reliance General Insurance Company Limited v. Smt. Pratibha

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.672 of 2017 Reliance General Insurance Company Limited Through Its Legal Officer, Reliance General Insurance Company Limited, 301-302, Corporate House, 169 R N T Marg, Opposite Jhabua Tower, Indore (M.P.) ---- Petitioner

Versus

1.

Smt. Pratibha W/o Pritam Singh, Aged About 30 Years R/o Narayanpur, District Narayanpur, Chhattisgarh 2.

Ankaluram S/o Mangjuram Dugga, Aged About 32 Years R/o Village Khadakgaon, Post Binjoli, District Narayanpur, Chhattisgarh 3.

Khemraj S/o Mangalram, Aged About 27 Years R/o Village Khadakgaon, Post Binjoli, District Narayanpur, Chhattisgarh --- Respondents For Petitioner :

Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/09/2017 (1) The application filed by the petitioner under Order 9 Rule 13 of CPC for set-aside the ex-parte award has been rejected by the Claims Tribunal by order dated 17.04.2017 against which this writ petition under Article 227 of the Constitution of India has been filed by the petitioner herein.

(2) Learned counsel appearing for the petitioner would submit that the impugned order is unsustainable and bad-in-law. (3) I have heard learned counsel for the petitioner. (4) The Claims Tribunal has clearly recorded a finding that no

evidence has been led by the petitioner/Reliance General Insurance to support the application filed under Order 9 Rule 13 of CPC. The sufficient and valid reasons have been assigned by the Claims Tribunal in which I do not find any jurisdictional error in the impugned order.

(5) Consequently, the writ petition deserves to be and is accordingly dismissed. No order as to costs.

Sd/- (Sanjay K. Agrawal) Judge L/-