(Appeal No.296 of 2016)

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20 -06-2017

                   Heard both sides. Learned counsel for the appellant submits that on perusal of paragraph 9 of the written statement filed on behalf of the Insurance Company, it would appear that surveyor was appointed to verify the accident of the vehicle as claimed by the complainant. In view of the above by order dated 31.08.201 in complaint case No. 81 of 2011 the District Forum directed the insurance company to produce the suryeyor report. It was not brought on record being an important document with respect to the claim. Learned counsel for the respondent on the other hand submits that the claim of the complainant that vehicle met with an accident has not been submitted by evidence. In view of the submissions of the parties and nature of the case we are of the opinion that party should be given an opportunity to substantiate their respective cases by adducing evidence. Accordingly the impugned order is set aside and appeal allowed menanded the matter for fresh hearing after giving opportunity to both sides to adduce evidence if any. Let the complete case be disposed of within a period of four months on receipt/production of the certified copy of the present order. Both parties directed to appear before the district Forum in the above complaint case on 17^th July 2017.

      President                           Member (F)                   Member (M)