BAJAJ ALIANCE GENERAL INSURANCE COMPANY LTD. THROUGH AUTHORISED SIGNATORY Vs. PRIYA BHAVESHBHAI CHAUHAN AND 4
LAWS(GJH)-2016-12-44
HIGH COURT OF GUJARAT
Decided on December 07,2016

Bajaj Aliance General Insurance Company Ltd. Through Authorised Signatory Appellant
VERSUS
Priya Bhaveshbhai Chauhan And 4 Respondents

JUDGEMENT

R.P.DHOLARIA,J. - (1.) These appeals are preferred by the Bajaj Alliance General Insurance Company Limited against the interim award passed by the Motor Accident Claims Tribunal (Auxi.), 5th Additional District Judge, Rajkot v. , (hereinafter referred as "learned Tribunal" for sake of brevity) in different claim petitions which came to be filed by the original claimants seeking compensation under Section 140 of the Motor Vehicles Act, 1988.
(2.) Heard Mr. Maulik Shelat, learned advocate for the appellant-Insurance Company and perused the impugned awards passed by the learned Tribunal. Since these appeals are arising from the interim awards passed by the learned Tribunal, all these appeals are taken up for final hearing at admission stage.
(3.) Mr. Maulik Shelat, learned advocate for the appellant-Insurance Company has contended that the insurance policy in question produced by the claimants are fake policy and therefore, no liability could have been fastened upon the Insurance Company. He has further contended that in spite of raising such issue, the learned Tribunal has fastened the liability upon the Insurance Company by recording the finding that such issue can be decided only after full-fledged trial. He has relied upon the grounds set out in memo of the appeals. He has further argued that fake policy on record is similar with previous policy issued by the appellant and premium amount is also the same which cannot happen. This itself indicates that the policy on record is fake policy. In support of his contention, he has relied upon Section 64(V)(B) of the Insurance Act.;


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