Sri Shyamal Gupta, Member
Through this Appeal, the Petitioner, M/s Sahara India Pariwar called in question the legality of the Order dated 10-03-2014, passed in CC/132/2013 by the Ld. District Forum, Burdwan.
The Appellants’ case, in short, is that following the death of Respondent’s husband, a beneficiary under the Sahara Rajat Yojana, the Respondent claimed insurance benefit under the aforesaid scheme. As the Respondent did not submit requisite papers within the stipulated time frame, the instant claim was repudiated by the Insurance Company. However, without arraying the Insurance Company to the case, the Respondent initiated the instant complaint case before the Ld. District Forum and the latter in a mechanical fashion, allowed the same; hence, this Appeal.
Heard the parties and perused the documents on record.
Undisputedly, the instant claim was supposed to be settled by the Oriental Insurance Company. However, without adding it as a party to the case, the Respondent initiated the complaint case. It is indeed surprising that though this technical shortcoming was duly pointed out by the Appellant, necessary course correction was not done. In terms of the Accidental Insurance Policy issued by the Oriental Insurance Company, the Appellant had no liability whatsoever to indemnify the Respondent. Thus, we find that the instant claim was bad for non-joinder of necessary party. In such circumstances, the Ld. District Forum ought not proceed with the case till due correction was made by the Respondent or dismiss the same on this score only. The impugned order has no legal standing and accordingly, the same is not sustainable.
Thus, we find enough merit in this Appeal.
Hence,
O R D E R E D
The Appeal stands allowed on contest against the Respondent in part. The impugned order is hereby set aside. Consequent thereof, the instant complaint case also stands dismissed. In the interest of natural justice, the Respondent is given due liberty to file a fresh case before the Ld. District Forum after arraying the Insurance Company into the case within 40 days from today.
