Heard Mr. R.K. Adhikary, learned counsel, appearing for the revision petitioner. None appeared for the respondent.
This is a revision petition filed on behalf of the revision petitioner against the impugned order dated 7-5-2018 passed by the learned District Forum, Kamrup, in C.C. No. 76/15
The submission of revision petitioner is that the District Forum, Kamrup has rejected their prayer to summon the concerned official of Assam Medical College & Hospital, Dibrugarh to proof that the Life Assured Pradip Kumar Sahu expired in the said hospital on 15-01-2007.
It appears from the order of the District Forum that they have rejected the prayer as submitted by the LICI on the ground that in the death certificate produced from the side of the complainant , the date of expiry of the Life Assured has been mentioned as 05-04-2007 and therefore there is no need to examine any witness from the Assam Medical College to proof the actual death of the Life Assured.
In our considered opinion when the respondent side has disputed the expiry date mentioned in the death certificate, produced by the complainant, stating that as per record of Assam Medical College, the said Life Assured expired on 15-01-2007, chance should be given to the respondent side to adduce evidence to proof the said point as it is a vital evidence to decide the fate of the complaint case filed by the complainant.
In view of the said observation, the impugned order dated 7-5-2018 passed by the District Forum, Kamrup, in C.C. 76/15 is hereby set-aside. It is directed that the District Forum will allow the revision petitioner LICI to adduce additional evidence in affidavit in respect of their contention that the Life Assured expired in the Assam Medical College on 15-01-2007. The District Forum allow to summon the concerned official of Assam Medical College & Hospital to proof the said contention.
With the above observation, the revision petition is disposed of accordingly.
Both parties are directed to appear before the concerned District Forum, on 17-6-2019.
Send back the original record along with a copy of this order to the District Forum.