( 1 ) THE petitioner, namely, The New India Assurance Company Limited has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the order rendered by the learned Civil Judge (S. D.), Kachchh at Bhuj dated 07. 05. 2005 passed below an application Exh. 84/a in Special Civil Suit No. 10 of 1992.

( 2 ) THE petition was admitted on 15. 07. 2005 and ad-interim relief in terms of para 9 (C) was granted whereby the order under challenge was stayed.

( 3 ) IT is the case of the petitioner that the respondents have instituted Special Civil Suit No. 10 of 1992 in the Court of learned Civil Judge (S. D.), Kachchh at Bhuj on the allegation that late Pratapbhai Thacker, husband of respondent No. 1 Jayshreeben and father of respondent Nos. 2 to 4 claiming compensation in the sum of Rs. 2,00,000/- on the averments and allegations that he died in a motor accident which occurred near village Hamirpur on Naliya-Bhuj road on 07. 10. 1989 at about 11. 30 a. m. The petitioner Insurance Company issued Policy bearing No. 3121160206886 for the period from 19. 04. 1989 to 18. 04. 1990. The respondents have alleged that additional premium of Rs. 8/-

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