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2024 Supreme(Online)(RJ) 20426

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
Go Digit General Insurance Co. Ltd. – Appellant
Versus
Smt. Pavani Devi, Kana Bharti, Kishor Kumar, Dinesh, Himanshi Goswami – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vinay Kothari, Mr. Bharti Jangid
For the Respondents:

Table of Content
1. insurance policy classification impacts third-party status. (Para 1)
2. procedural actions for notice issuance and stay. (Para 2 , 3)
ORDER

1. Learned counsel for the appellant submits that admittedly the Insurance Policy in question is an ‘Act Only Policy’ and it is also admitted on record that the deceased was a passenger in the private car and could not have been termed to be a ‘third party’.

Counsel submits that the learned Tribunal erroneously relied upon (2 of 2) [CMA-824/2024]

  • the judgment passed by the Hon’ble Apex Court in the case of Anu Bhanvara & Ors. vs. IFFCO Tokio General Insurance Company Limited & Ors.; AIR 2019 SC 3934 which pertains to a ‘Goods Carrying Vehicle’. The principle and the ratio as laid down wherein the deceased could not be held to be a ‘third party’.

2. In view of the submissions made, Admit. Issue notice. Issue notice of stay application also.

Notices be filed in two sets within a period of one week. On the same being filed, one set be given 'dasti' to learned counsel for the appellant for service through registered post acknowledgment due. Notices be made returnable on 20.05.2024. Postal receipts of the 'dasti' notices be fi

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