F.A.No.05/2014 against C.C.No.05/2013 District Forum, KARIMNAGAR.

Between

1. The ICICI Lombard Insurance Company

Ltd., rep. by its General Manager,

ICICI Lombard House, 414, Veer,

Savarkar Marg, Near Sidhi Vinayak

Temple, Prabhadevi, Mumbaoi-400 025.

2. The ICICI Lombard Insurance Company Ltd.,

Rep. by its Manager (Customer Service

Manager), ICICI Bank Tower, Plot No.12,

Financial District, Nanakramguda,

Gachibowli, Hyderabad-500 032.                                                                    Appellants/

Opp. Parties 1 & 2

And

1. Vippanapelly Anjali Devi W/o.Vijaya Kumar

Age 45 years, R/o.H.No.9-6-188, Old,

9-7-143 New, Ramnagar, Karimnagar Town.   

2. Vippanapelly Satyanarayana S/o.Vijaya Kumar

Age 28 years, R/o.H.No.9-6-188, Old                                     

9-7-143 New, Ramnagar, Karimnagar Town.

3. Vippanapelly Shiva Kumar S/o.Vijaya Kumar

Age 26 years, R/o.H. No.9-6-188 old,

9-7-143 New, Ramnagar, Karimnagar Town.

4. Manager, ICICI Bank Ltd., Green Square

Plaza, Opp:Public Gardens, Hanamkonda,

Warangal.                                                                                                  Respondents/

                                                                                                                        Complainants & OP 3

Counsel for the Appellants               :  Mr.N.Mohan Krishna

Counsel for the Respondents            :  Mr. M.Hari Babu R1 to R3

                                              R4-served.

QUORUM:  SRI R.LAKSHMINARSIMHA RAO, Hon’ble I/C PRESIDENT

                                SRI T.ASHOK KUMAR, HON’BLE MEMBER.

                                                AND

                                SRI S.BHUJANGA RAO, HON’BLE MEMBER.

FRIDAY, THE THIRD DAY OF JANUARY,

TWO THOUSAND FOURTEEN

             Order ( As per R.Lakshminarsimha Rao, Hon’ble I/c.President)
                                                            ***

         The appellant-insurance company was proceeded exparte before the District Forum and has filed the appeal contending that the cause of death of the insured was not covered by the terms of the policy and thereby  it has supported the repudiation of the claim.

        Heard both sides.

        The learned counsel for the respondents has agreed to the proposal that the matter be remitted back to the District Forum giving opportunity to the appellant-insurance company for the District Forum to pass orders on contest of the case by both the parties.

        As the contention of the appellant- insurance company is in regard to coverage of the terms and conditions of the insurance policy as to the claim lodged by the respondents, the ends of justice would be met if both parties are given liberty to adduce evidence in support of their rival contentions.  Therefore, we are of the opinion that the matter can be remanded to the District Forum for disposal afresh on merits, in accordance with law.  However for the laches on the part of the appellant-insurance company, the respondents have to suffer and the matter has to be re-agitated and as such the appellants are liable to pay costs of Rs.5,000/-.

        In the result the appeal is allowed setting aside the order of the District Forum and the matter is remitted back to the District Forum for disposal afresh on merits, according to law.  Both the parties are directed to appear before the District Forum 31-1-2014 without insisting issuance of fresh notice.  The appellants are directed to pay costs of Rs.5,000/- to the respondents.  Time for compliance four weeks.

Sd/-Incharge President.

                                                                                       Sd/-Member.

                                                                        Sd/-Member.

JM                                                                                                      Dt.03-1-2014.