Karnataka

Bangalore 1st & Rural Additional

CC/211/2022

Ms. MEGHANA.S - Complainant(s)

Versus

1) M/s ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., - Opp.Party(s)

Sri B Keshava Murthy

25 Jul 2022

ORDER

BEFORE THE BENGALURU RURAL AND URBAN I ADDITIONAL
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, I FLOOR, BMTC, B BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHI NAGAR, BENGALURU-27
 
Complaint Case No. CC/211/2022
( Date of Filing : 14 Jul 2022 )
 
1. Ms. MEGHANA.S
D/o late Shivanna Aged about 19 years
2. MASTER UJWAL.S
S/o Late Shivanna Aged about 13 yeas Since minor rep. by his Sister Ms. Meghana.S Both are now R/at No.46 I Cross, I Main, Someshwaranagar Yeshwanthapura Bangalore 560 022 Mob: 9449230301
...........Complainant(s)
Versus
1. 1) M/s ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.,
Having office at 9th Floor, The Estate, 121, Dickenson Road Mahatma Gandhi Road Bangalore 560 001. Rep. by its Manager
2. 2) M/s ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
Having Regional office At 9th Floor, Plot No.12. Financial District Nana Kramguda, Gachilbowll, Hyderabad 500 032 Rep. by its Regional Manager
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B., PRESIDENT
 HON'BLE MR. Y.S. Thammanna, B.Sc. LLB. MEMBER
 HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B MEMBER
 
PRESENT:
 
Dated : 25 Jul 2022
Final Order / Judgement

Order Regarding admissibility of the complaint

 

Heard the counsel for the complainant regarding maintainability and limitation of the complaint filed before this Commission.  On perusing the documents filed and the averments made in the complaint, it becomes clear that, the father and mother of the complainant died in a road traffic accident on 02.05.2019.  The complaint ought to have been filed on before 01.05.2021.  In view of the Hon’ble Supreme Court Judgment regarding limitation during COVID period which lapses on 28.02.2022, from that day onwards within 90 days, complainant ought to have filed this complaint to save the limitation.  By considering the dead line described by the SC of  india on 28.02.2022 and when 90 daYS FROM THE said date is taken into consideration complainant ought to have filed this complaint on or before 28/29.05.2022.  this complaint is filed on 14.07.2022.  hence, the complaint filed is barred by limitation as contempllated u/Sec.   of C.P Act, 2019 and further barred by limitation as per special time prescribed by the Hon’ble SC of India.  Further, no application to condone the delay explaing the reasons for delay is not filed.  Hence, complaint is dismissed. 

 
 
[HON'BLE MR. H.R.SRINIVAS, B.Sc. LL.B.,]
PRESIDENT
 
 
[HON'BLE MR. Y.S. Thammanna, B.Sc. LLB.]
MEMBER
 
 
[HON'BLE MRS. Sharavathi S.M.,B.A. L.L.B]
MEMBER
 

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