against I.A.No.58/2013 in C.C.No.54/2013, District Forum,  

Between:

Sakalabhaktula W/

Aged   37 years, residing at

Railway Station Road,

Srikakulam District.                                             ... Petitioner/

                                                                             Respondent/

                                                                             Complainant

      And

1.The Branch Manager, Sahara India Commercial

   Corporation Ltd., Branch Office,

2.The General Manager, Sahara India Commercial

   Corporation Ltd., Head Office, Hyderabad.

    Commercial Corporation Ltd., Command Office,

                                          ... Respondents/

                                                                                 Petitioners/

Counsel for the     :     M/ 

Counsel for the   :       M/       

QUORUM:   SMT. M.SHREESHA, HON’BLE INCHARGE PRESIDENT,

                                         AND

                    SRI   RAO, HON’BLE MEMBER.

                  THURSDAY,   TENTH   DAY OF  OCTOBER,

Oral Order: (  Sri            

                                    ***

        This Revision   is directed against the order dt.18.04.2013  made in I.A.No.58/2013  on the file of District Forum,

        The brief facts leading to this Revision Petition are as follows:

The Revision Petitioner/respondent/complainant filed complaint in C.C.No.54/2013 against the respondents herein, claiming various amounts, including the accidental death insurance amount.  The respondents/opposite parties filed their   version  contesting the complaint.   The respondents/opposite parties  filed an application i.e. I.A.No.58/2013  to   the accidental death insurance amount, which the insurance company has to settle as per the contractual terms entered by it.    contending   corporation herein issued pass book cum certificate in the name  of the deceased      and conditions of the said certificate, the nominee of the deceased coupon holder  shall be entitled to accidental death benefit,  if accidental death  occurs after four years and  years. That the terms and conditions of the said policy do not disclose that the National Insurance Company is liable to   pay the accidental death benefit to the nominee of the deceased  coupon holder.   That there are no valid and   grounds to   

        The   Forum after   hearing both sides allowed the petition ordering   of the National Insurance   to the complaint. 

        Aggrieved by the said order, the respondent/complainant filed the above Revision Petition on the grounds that 1). The Forum did not issue   notice to the proposed party in I.A. i.e.   The provision of law in the I.A. is not applicable, 3) the respondents i.e.  Sahara   did not disclose the  policy  details either in the reply notice or in the present petition, 4) the insurance company is not a necessary party, thus prayed to allow the Revision Petition and dismiss I.A.No.58/2013 filed by Sahara India. 

        The question whether the insurance company is liable to pay the accidental benefit under the policy or not could be determined in the main enquiry, to be made in  the complaint, considering the undisputed fact that there are insurance policies issued by the National Insurance Company.  The District Forum ought to have issued notice to the proposed party and then dispose of   application on merits. However, it is submitted that as per   orders in I.A.No.58/2013, the insurance company was     the opposite parties to the complaint and the insurance company had received the notice in the main complaint and it had not raised any objection for  its   notice to it.  Further, the insurance company accepted the order of the District Forum in I.A.No.58/  and engaged counsel who filed  also going to file their version in the main complaint.  Under these circumstances, no useful purpose will be served, even if the impugned order is set aside and the District   is directed to order notice to the opposite party and after hearing both the parties dispose of the petition on merits,  why because the notice to the National  Insurance Company, which  is on record, becomes insignificant. 

        In the result, the Revision Petition confirming the impugned order of the District Forum.          

                                                                    PRESIDENT

                                                                      MEMBER

Pm*                                                                  10.10.2013