Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.75 of 2022

D.P. Singh Machhawar s/o late M.L. Machhwar,

R/o 66, A, Raja Mahendra Pratap Nagar, Mathura.

                                                                         ….Appellant.

Versus

ICICI Insurance Company, Mathura, Office/

Branch, Tera Tower, 1, Floor, near Vijaya Bank,

VSA College, Bhuteshwar Road, Mathura

through Manager.                                          ….Respondent.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Sri Naveen Kumar Tiwar, Advocate for appellant.

Sri Prasoon Kumar Rai, Advocate for respondent.

Date 27.8.2024

ORDER

(Delivered by Mr. Justice Ashok Kumar, President)

Heard Sri Naveen Kumar Tiwari, ld. counsel for the appellant and Sri Prasoon Kumar Rai, ld. counsel for the respondent.

With the consent of the ld. counsel for the respective parties, the instant appeal is finally disposed of.  

          The issue in the instant appeal is with regard to two wheeler vehicle namely ‘Honda Activa’ which was insured having its registration no.UP 85 AP 7240. The insurance was valid for the period of one year from 30.12.2019 to 29.12.2020. The IDV of the said vehicle was Rs.30,227.00 of which the premium amount was paid to the tune of Rs.1,181.00. The complainant states that his wife Smt. Chandrawati was while going to school and near school gate, the aforesaid vehicle met with an accident when a bike which was coming from other side. The wife of the complainant was injured who was supported by the school staff, on account of rash driving the scooty of the appellant got damaged.

          A criminal case was file by the complainant which has been registered as case crime no.615 of 2020  P.S. Highway (Narholi). Registration of the FIR was on the same date of the accident i.e. 14.9.2020. Due information was given to the insurance company for the accident and the damages caused due to accident of the vehicle in question and for that purpose an estimate of Rs.15,000.00 was made which was requested to be paid by the insurance company but the insurance company has refused. Dissatisfying with the insurance company’s action, a complaint no.22 of 2021 has been registered before the ld. District Consumer Commission which has been ex-parte decided by the ld. District Consumer Commission vide judgment and order dated 11.1.2022.

          Aggrieved by the ex-parte order, the instant appeal has been filed. I have heard ld. counsel for the respective parties and gone through the ex-parte order passed by the ld. District Consumer Commission.

          Although, the ld. District Consumer Commission has passed the detailed order however, in the interest of justice an opportunity ought to have been provided to the complainant which has not been provided in the instant case. Therefore, without expressing any opinion on merit, the instant appeal is finally disposed of by setting aside the impugned judgment and order dated 11.1.2022 and the ld. District Consumer Commission is requested to hear the matter on merits after providing the opportunity to the respective parties’ counsel and decide the same expeditiously earliest within one year. 

          The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                                     (Justice Ashok Kumar)                                            

                                                President                                    

JafRi, PA I

Court 1