Assam

StateCommission

RP/15/2018

Life Insurance Corporation of India and Ors - Complainant(s)

Versus

Lalita Sahu - Opp.Party(s)

Mr. R.K.Adhikary

16 May 2019

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Revision Petition No. RP/15/2018
( Date of Filing : 26 Sep 2018 )
(Arisen out of Order Dated 29/08/2018 in Case No. CC/94/2006 of District Kamrup)
 
1. Life Insurance Corporation of India and Ors
Central Office at Yogakashema, Jeevan Bima Marg, Mumbai-400021. Represented by its Chairman
Mumbai
Maharastra
...........Appellant(s)
Versus
1. Lalita Sahu
D/o Late Pradip Kumar Sahu, D/o Late Chandrawati Sahu, R/O Pink House, Flat No-5 (E), A.K.Azad Road, Rehabari, Guwahati-781008
Kamrup Metro
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kr. Mahanta PRESIDING MEMBER
 HON'BLE MS. Renu Prava Mahanta MEMBER
 
PRESENT:Mr. R.K.Adhikary, Advocate for the Petitioner 1
 
Dated : 16 May 2019
Final Order / Judgement

            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 29-8-2018 passed by the learned District Forum, Kamrup, in C.C. No. 94/16

       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 29-8-2018 passed by the District Forum, Kamrup, in C.C. 94/16 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.

 
 
[HON'BLE MR. Dilip Kr. Mahanta]
PRESIDING MEMBER
 
 
[HON'BLE MS. Renu Prava Mahanta]
MEMBER
 

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