Madhya Pradesh

StateCommission

A/15/525

BIHARILAL - Complainant(s)

Versus

CHOLAMANDALAM GIC. - Opp.Party(s)

06 Nov 2015

ORDER

Ms. Tina Trivedi, learned counsel for the appellant.

              Heard on admission.

              This is an appeal against the order dated 11.05.2015 passed in C.C.No.325/2015 by the District Forum, Indore whereby the complaint filed by the appellant has been dismissed.

              The appellant’s daughter Ku. Shikha alias Shivani died in 2005 due to drown in pond. Since she was a student of school, she was insured by the Government with the respondent Insurance Company under Student Safety Insurance Scheme.  On claim being made, the insurance company not paid any amount.  The appellant therefore filed a complaint before the District Forum, Indore which was dismissed as barred by territorial jurisdiction.

               After hearing learned counsel and on perusal of documents we find that the insured appellant’s daughter died at Chhatarpur, therefore the cause of action arose at Chhatarpur but the appellant has filed a complaint before the District Forum, Indore which had no territorial jurisdiction to entertain the complaint.  The District Forum, Indore dismissed the complaint on the same

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ground. 

                Learned counsel for appellant submits that since the head office/branch office of the insurance company is at Indore, therefore the complaint can also be filed at Indore.  We are not impressed by the arguments of counsel for appellant.  The Hon’ble Supreme Court in case of Sonic Surgical Vs National Insurance Company Limited (2010) 1 Supreme Court Cases 135 has specifically held that expression “branch office” would mean branch office where cause of action has arisen but not each and every branch office of opposite party wherever it is situated.

                 Here in the present case since the death occurred at Chhatarpur, the complaint ought to have been filed before the District Forum, Chhatarpur and not before the District Forum, Indore.  We find that the District Forum has not erred in dismissing the complaint being barred by territorial jurisdiction.  We do not find any infirmity or adversity in the order passed by the District Forum.  The appeal being devoid of merit is dismissed summarily at the admission stage itself.