BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 17th DAY OF OCTOBER 2022
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 1732/2019
1. | Smt. Shilpa, W/o Late C.V. Vikram, Aged about 40 years, R/o Railway Station Road, Birur Town, Kadur Taluk, Chikmagalore District. | ……Appellant/s |
2. | C.V. Devana, D/o Late C.V. Vikram, Aged about 4 years, R/o Railway Station Road, Birur Town, Kadur Taluk, Chikmagalore District. Since minor represented By her natural guardian Mother Smt. S.B. Shilpa, W/o Late C.V. Vikram. (By Sri R.C. Nagaraj) | |
V/s
Kotak Mahindra Life Insurance Company Ltd., 2nd Floor, Plot No. C-12, G – Block, BKC, Bandra (E), Mumbai 400 051. | ..…Respondent/s |
ORDER
MR. RAVISHANKAR, JUDICIAL MEMBER
1. The appellants/complainants have preferred this appeal being aggrieved by the Order dt.29.11.2019 passed in CC.No.97/2019 on the file of District Consumer Disputes Redressal Commission, Chikmagalur in not settling the claim of the policy made by the complainant towards death of her husband. After filing the complaint, the Opposite Party appeared and filed version and the District Commission posted the complaint for affidavit evidence of the complainant, but, unfortunately the appellant could not appear before the District Commission to lead her evidence for which the District Commission dismissed the complaint for default for non-appearance of the complainant. The non-appearance of the complainant before the District Commission is not intentional, but, for bonafide reasons because she suffered from ankle injury and the doctor has advised her to take complete bed rest for three weeks, but, the same was no intimated to the District Commission. She got good case to urge the allegations and she is entitled to get compensation by virtue of the policy, hence, prays to set aside the order passed by the District Commission and permit them to file affidavit evidence in support of her allegations.
2. On going through the memorandum of appeal, Order Sheet and the Doctor Certificate of one Dr. K.M. Deepak produced by the complainant, he certified that the complainant had suffered ankle injury on 20.11.2019 and advised her to take complete bed rest for three weeks and also advised some medications. Hence, considering the Certificate issued by the doctor, the non-appearance of the complainant before the District Commission is not intentional and for bonafide reasons. Hence, the Order passed by the District Commission is hereby set aside in the interest of justice and equity and opportunity is provided to the complainant to file her affidavit evidence in support of her allegations. Hence, the following;
ORDER
The appeal is allowed.
The Order dt.29.11.2019 passed in CC.No.97/2019 by the District Commission is hereby set aside.
The District Commission is directed to restore the complaint in its original number by providing an opportunity to both the parties to lead their evidence and to dispose-of the case on merits in accordance with law expeditiously.
Forward free copies to both parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
