Sri Shyamal Gupta, Member.

This Appeal is directed against the order dated 07.06.2018 of the Ld. District Commission, Kolkata—I (North) passed in CC/486/2016 by the Appellant/OP.

The fact of the Complaint’s case in brief is that

the complainant was the owner of the vehicle bearing no. WB-23D-1925 and the same was duly registered in the office of Motor Vehicle Deptt. at Barrackpore having the national permit to ply the vehicle for carrying of goods in different parts of India. The vehicle was insured with o.p. being policy no.OG-16-2473-1802-00000510, total sum insured was Rs. 19,25,000/-. The policy valid from 14.3.16 to 13.3.17. During the subsistence of the said policy on 6.8.16 while the vehicle was coming from Kolkata, at that time driver Surendra Roy applied emergency brake to save a cyclist for which an accident occurred and the vehicle in question was seriously damaged. The said fact was informed to the police.

Thereafter the complainant lodged a claim to o.p. insurance company, but the claim of the complainant was repudiated. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. insurance company for releasing a sum of Rs.12,79,383/- as well as compensation and litigation cost.

OP-1 contested the case. On hearing both sides, Ld. District Commission dismissed the complaint case with following observations:-

“The Complainant could not file a single document in support of his contention that because of the said accident the driver of the vehicle sustained injury and insurance company though filed evidence, but the complainant did not put any question to cross examine the said witness. Therefore, the evidence of o.p. no. 1 has remained unchallenged. In view of such evidence on record and since the complainant did not come with clean hands and flouted the terms and conditions of the policy, thereby the insurance company rightly rejected the claim of the complainant. Accordingly, we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for.”

Ld. Advocate for the Appellant submits that a chance be given to the Complainant to adduce evidence/file document to substantiate its case and nothing speaks on merit.

In view of the candid submission of the Ld. Advocate of the Appellant liberty is given to the Appellant/Complainant to adduce evidence/document before the Ld. District Commission. As a result I refrain from delving into the merit of the case.

Accordingly, I feel that for proper administration of justice the matter would be remanded back to the Ld. District Commission with a direction to the Appellant to furnish evidence/documents in support of his claim. Subsequently, the District Commission shall dispose of the case on merit.

Hence,

Ordered

That A/570/2018 be and the same is allowed in part ex parte.

Parties are directed to appear before the Ld. District Commission on 25.11.2021.