H.D.F.C. ERGO GENERAL INSURANCE COMPANY v. RAMKARAN S/O RAMSWAROOP
CW/17080/2025 · 2025-11-11
Ashutosh Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 43306 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43306 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45244] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17080/2025 H.d.f.c. Ergo General Insurance Company, Through Branch Manager Upasana Tower, Office No.-2, C-98, 302 Third Floor Singhvi Subhash Marg Jaipur (Raj) Through Its Constituted Attorney. ----Petitioner Versus
1. Ramkaran S/o Ramswaroop, Aged About 78 Years, Resident Harnera Tehsil Nadbai And District Bharatpur (Raj).
2. State Bank Of India, Branch Nadbai Through Its Branch Manager, Railway Station Road, Katra, Nadbai, District Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. Virendra Agarwal, Adv. with Mr. Prakhar Agarwal, Adv.
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 11/11/2025
1.
Learned counsel for the petitioner submits that respondent No.1 insured his crops in Pradhan Mantri Fasal Bima Yojana with SBI General Insurance Company, however, respondent No. 1 filed a complaint before the learned Permanent Lok Adalat, Bharatpur (hereinafter referred to as learned 'PLA') impleading the petitioner as the Insurance Company. Learned counsel further submits that the petitioner has not insured the crops of respondent No.1 and no premium was charged from him with respect to any policy issued by the petitioner, therefore, the impugned award dated 08.08.2025 passed by the learned PLA in Case No.245/2021
[2025:RJ-JP:45244] (2 of 2) [CW-17080/2025] against the petitioner-HDFC General Insurance Company Limited is bad in the eye of law.
2.
Learned counsel for the petitioner prays that this petition be
disposed of with liberty to the petitioner to file objection before learned PLA on the ground that the petitioner is not the Insurance Company, which has insured the crops of respondent No.1 and that the same crops were insured by SBI General Insurance Company.
3. In that view of the matter, the impugned order dated 08.08.2025 passed by the Permanent Lok Adalat, Bharatpur is quashed and set aside and the Permanent Lok Adalat, Bharatpur is
directed to decide the matter afresh after giving opportunity of hearing to both the parties.
4. Accordingly, this petition is disposed of.
5. Pending application(s), if any, also stand disposed of.
(ASHUTOSH KUMAR),J TANISHA /48