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2022 Supreme(Raj) 1142

MAHENDAR KUMAR GOYAL
Iffco-tokio General Insurance Company Limited – Appellant
Versus
Surabhi Jain – Respondent


Advocates appeared:
Mr. Chanderdeep Singh Jodha, Advocate., for the Petitioner
Mr. Asad Sheikh, Advocate., for the Respondent

JUDGMENT

1. In S.B. Civil Writ Petition No. 11179/2021:-

2. The matter comes up on an application (2/2022) filed by the respondent seeking vacation of ex parte interim order dated 27.10.2021.

3. Learned counsel for the respondent submits that her claim was rejected by the petitioner-Insurance Company in an illegal manner travelling beyond the terms of insurance policy issued to her. Inviting attention of this Court towards the award dated 22.06.2021 passed by the Insurance Ombudsman, learned counsel submits that it is based on appreciation of the evidence on record and suffers from no perversity. He submits that from the documents placed by her on record alongwith her reply, it is established that she was admitted in the hospital for a period of more than 72 hours on account of being inflicted with Covid-19 and hence, was entitled for the insured sum. He, therefore, prays that the application be allowed and interim order of this Court dated 27.10.2021 be vacated.

4. Per contra, learned counsel for the petitioner submits that its investigator has, after thorough investigation, found the claim of the respondent to be false. He submits that in identical cases, the Insurance Ombudsman has

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