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2025 DAILYLAW 33097 (RAJ)

KOTAK MAHINDRA GENERAL INSURANCE COMPANY LIMITED v. SMT. DIMPAL NAGORA W/O LATE SHRI AKSHAY KUMAR BAGDI

CW/18160/2024 · 2025-02-27

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:8685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18160/2024 Kotak Mahindra General Insurance Company Limited, Registered Office 27 B.k.c. 27 G Block, Bandra Kurla Complex, Bandra East Mumbai (Maharashtra) 400051 Insurance Company Tractor No. Rj-36-R.a.-2661 Date 11.06.2020 To 10.06.2021 Till, Through Its Constituted Attorney. ----Petitioner Versus 1. Smt. Dimpal Nagora W/o Late Shri Akshay Kumar Bagdi, Aged About 29 Years, Resident Of Shri Garden Ke Pass Chandravardai Nagar, Ajmer Rajasthan 2. Shri Pusaram S/o Late Shri. Nathumal Ji, Aged About 52 Years, Resident Of Shri Garden Ke Pass Chandravardai Nagar, Ajmer Rajasthan 3. Smt. Premlata W/o Shri. Pusaram Ji, Aged About 46 Years, Resident Of Shri Garden Ke Pass Chandravardai Nagar, Ajmer Rajasthan 4. Ku. Krisha Akshay D/o Late Shri. Akshay Kumar Bagdi, Aged About 4 Years, Minor Through Her Natural Her Natural Guardian Mother Smt. Dimple Nagora W/o Shri. Akshay Kumar Bagdi Resident Of Shri Garden Ke Pass Chandravardai Nagar, Ajmer Rajasthan 5. Shri Shravan Singh S/o Shri Dungar Singh, Resident Of Gram Lalpura Tehsil Beawar District Ajmer Hal Driver Vehicle Tractor No. Rj-36-R.a.-2661 6. Shri Gopal Singh S/o Shri Harji Singh, Resident Of Gram Gohana Tehsil Beawar District Ajmer Rajasthan, Registered Owner Vehicle Vehicle Tractor No. Rj-36-R.a.- 2661 ----Respondents For Petitioner(s) : Mr. Virendra Agarwal Ms. Anjali Assat For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/02/2025 1. Insurance Company has filed instant civil writ petition under Article 227 of the Constitution of India, impugning the order dated 02.04.2024 passed in Motor Vehicle Case No.110/2022 by the [2025:RJ-JP:8685] (2 of 2) [CW-18160/2024] Motor Accident Claims Tribunal No.2, Beawar, dismissing its application to summon the eye witness. 2. Counsel for petitioner-insurance company submits that after passing the impugned order, application of insurance company to summon the Investigating Officer is granted vide order dated 25.04.2024 and in that view, petitioner be permitted to ask the questions from the Investigating Officer in respect of happening of accident at site and in that view the summoning of eye witness is not required. 3. In view of above, challenge to the impugned order is rejected as not pressed. However, it is hereby observed that the petitioner-insurance company would be at liberty and be permitted to put questions during course of recording of evidence of Investigating Officer, in respect of occurrence of the accident at site. 4. Accordingly, the writ petition is disposed of. 5. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/18