Karnataka

StateCommission

A/2404/2017

The Shriram General Insurance Com. Ltd. - Complainant(s)

Versus

Gullappa S/o Shivanna, - Opp.Party(s)

(By Shri/Smt B.C.Shivanne Gowda )

21 Dec 2021

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

 

DATED THIS THE 21^ST DAY OF DECEMBER 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 2404/2017

 

1.  The Shriram General Insurance Co. Ltd.      E-8, EPIP, RIICO Industrial Area,      Sitapura, Jaipur-302022, Rajasthan. 2.  The Branch Manager      Shriram General Insurance Company Ltd.,      and Shriram Transport Finance Co. Ltd.      No.2-11-368/6, 1st Floor,      Above Indian Overseas Bank,      Opp: SLV lodge, Gulbarga Road,      Lingasagur, Raichur Dist. 584101 (By Sri. B.C.Shivanne Gowda) V/s

……Appellants

Gullappa S/o Shivanna, R/a Golapally, Lingasagur Tq. Raichur Dist. Also at: No.3-5-141/1/A, Eden Bagh Ramkot, Abids, Hyderabad. Now R/at Shivani Village, Bhalki Tq., Bidar Dist. (By Sri. Hariprasad)

..…Respondent

 

 

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is appeal is preferred by OP against the order dated 24.05.2017 passed in Consumer Complaint No.6/2017 on the file of District Consumer Disputes Redressal Forum, Raichur.

2. Complainant filed consumer complaint seeking personal accident benefits claim of Rs.2.00 lakhs available under the insurance policy issued by OPs in respect of his jeep bearing No.KA 36/A-9769 which is valid from 14.08.2015 to 13.08.2006.  Though notice served on OP Nos.1 & 2, they did not choose to appear before the District Forum and placed exparte.  District Forum allowed the complaint directing OP Nos. 1 & 2 jointly and severally liable to pay Rs.55,000/- to the complainant with interest at the rate of 8% p.a. from the date of complaint till realisation.
3. This order is challenged by the OP in this appeal on the ground that the District Forum erred in directing the appellant to settle the claim, even though the respondent / complainant has not produced claim form along with relevant documents before the company.  The injury sustained by the respondent was not attracted by any of the condition of the Section III of the policy schedule etc.
4. Heard the counsels.  This appeal is against the exparte order passed by the District Forum. 
5. On perusal of the impugned order and contentions urged in the appeal memo the appeal is allowed and the impugned order is set aside.  The matter is remanded to the District Forum for disposal of the matter in accordance with law by giving opportunity to the OPs to contest matter. 
6. District Forum is directed to decide the matter within three months from the date of receipt of the order.
7. Amount in deposit is directed to be transferred to the District commission for needful.

​Sd/-

President

Sd/-

Judicial Member

Sd/-

Member