Smat Sunita Diliprao Lande v. Icici Lombard General Insurance Co Ltd Through Its Manager Authorised Signatore

913ca4284.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 4284 OF 2024 IN FAST/31286/2023 SMAT SUNITA DILIPRAO LANDE

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO LTD THROUGH ITS MANAGER AUTHORISED SIGNATORE ...

Advocate for Applicant : Mr. Mayure Pramod C. Advocate for Respondent No. 1 : Mr. A.G. Choudhari (through V.C.) ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

The appellant has a strong case of fake insurance cover note. It was transpired that the number of cover note was issued in Karnataka State for two wheeler. The applicant's case was that the accident was caused by four wheeler. It is submitted that these facts have not been correctly appreciated by the Tribunal.

3.

As against this, learned Counsel for the applicant

913ca4284.24 submits that the Court considered the admission of the witnesses of the insurer and correctly held that the cover note was not fake and on merit granted the compensation. There are nine dependents upon the deceased.

4.

Considering the serious issue of the fake insurance policy, this Court is of the view that it is not a fit case to allow the applicant to withdraw the amount. Hence this application stands rejected.

5.

The appellant to take steps to serve respondent No. 8 forthwith and after serving him, the matter be listed for final hearing at admission stage, on 22.07.2024.

( S. G. MEHARE ) JUDGE mahajansb/