Consumer Complaint No. 135/2013

Advocate for the Insurance Company i.e. OP No.1 and 2 Sri A.K.Mohapatra appeared who filed written statement along with relied documents. Earlier though OP No.2 was set-exparte and order passed to the complainant for taking fresh steps against OP No.1, and the complainant remained silent in the meantime, W.S. of OP No.1 & 2 has been filed. For ends of justice as because it is an Insurance Case for proper adjudication of the mater W.S. filed by OP NO.1 & 2  is accepted. Earlier OP No.3 finance Company has also filed its W.S. Complainant is absent . Steps not taken by the complainant. When this case is taken up for hearing in absence of the complainant Learned Advocate for the Insurance Company submitted that, the claim of the complainant has already been settled and towards settlement a sum of Rs.12,99,000/- has been paid in shape of cheque to the OP No.3 Financer with consent of the complainant on 21.05.2014. After prior to the payment as full and final settlement of the claim, Complainant as well as financer OP No.3 have signed a discharge voucher, also indemnity bond and letter of subrogation were produced by the Company.

                After going through the written statement and produce material evidence on behalf of OP NO.1 & 2 and after hearing the arguments made by their Advocate it came to our notice that during the continuance the proceeding complainant’s claim has been fully settled and the settled money was also paid to the Financer having no objection of the complainant. As the complainant absent to-day clarification can not be obtained regarding payment of the same.

                Taking into consideration of the facts develop during the pendency of the case and as the Insurance Company after settlement of the claim has paid Rs.12,99,000/- against joint discharge voucher signed by the complainant and OP No.3 towards full and final satisfaction of the claim in question, we think wise at the present circumstances, to drop the case as there is no case against the Ops which require any further adjudication. Accordingly the case is dropped and finally disposed of .