NCDRC

NCDRC

RP/4354/2008

THE IFFCO TOKIO GENERAL INSURANCE CO.LTD - Complainant(s)

Versus

LAHARI PRASAD GUPTA - Opp.Party(s)

MR. S.N. TRIPATHI & DEEPA CHACKO

22 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4354 OF 2008
 
(Against the Order dated 20/08/2008 in Appeal No. 967/2008 of the State Commission Rajasthan)
1. THE IFFCO TOKIO GENERAL INSURANCE CO.LTD
Iffco House, 3rd Floor, 34, Nehru Place
New Delhi - 110 019
Delhi
...........Petitioner(s)
Versus 
1. LAHARI PRASAD GUPTA
R/o Plot No.954,Scheme No.10
Alwar - 301 001
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr Sorabh Kuba, Advocate
For the Respondent :
NEMO

Dated : 22 Aug 2013
ORDER

None appears on behalf of the respondent. Notices have been sent to the respondent as well as his counsel on 22.07.2013 by speed post. Learned counsel for the petitioner has stated that the vehicle in question is a light motor vehicle (LMV) whereas, the LMV was used for commercial purpose and the driver did not have the driving licence to drive the commercial vehicle. In the present case, the compensation amount involved is Rs.11,900/- plus interest only and it is a meagre amount. Keeping in view the decision of the Honle Supreme Court in Gurgaon Gramin Bank vs Khazani and another, IV (2012) CPJ 5 SC where debt amount being a paltry sum of Rs.15,000/- was not settled by the bank, it observed: umber of litigation in our country is on the rise, for small and trivial matters, people and sometimes central and State Governments and their instrumentalities Bank, nationalized or private, come to courts may be due to ego clash or to save the officers’ skin. Judicial system is over burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion this court has reminded the Central Government, State Government and other instrumentalities as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, courts jurisdiction cannot be invoked or resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category". The above quoted judgment is fully applicable to the facts and circumstances of the present case. Both the Fora below have given concurrent findings of the facts, which are against the petitioner. Since paltry amount of Rs.11,900/- plus interest is involved in this case, hence, the question of law is kept open to be decided in an appropriate case. With these observations the present revision petition stands disposed of.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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