Tamil Nadu

StateCommission

A/256/2018

M/s. Star Health & Allied Insurance Co Ltd, Rep by its Managing Director, Kodambakkam, Chennai-24 - Complainant(s)

Versus

Mr.P. Jayaprakash, S/o Palaniyandi, Police Quarters, Thiruvannamalai - Opp.Party(s)

M/s. N. Vijaya Raghavan

09 Feb 2022

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

                           Present:   Hon’ble THIRU. JUSTICE. R. SUBBIAH                     :     PRESIDENT

                                            Tmt. Dr. S.M. LATHA MAHESWARI                         :      MEMBER

 

F.A. No. 256 of 2018

(Against the order passed in C.C. No.223 of 2010 dated 11.09.2018 on the file of the D.C.D.R.F, Chennai (South).

 

Wednesday, the 9^th day of February 2022

 

M/s.Star Health & Allied Insurance Co.Ltd.,

Rep. by its Managing Director

No.2-A Ganga Nagar Main Road

Kodambakkam

Chennai – 600 024.                                              .. Appellant/ Opposite Party

 

- Vs -

Mr. P. Jayaprakash

S/o. Palaniyandi

No.65 Muthu Vinayagar Street

Police Quarters

Tiruvannamalai.                                                    .. Respondent / Complainant

 

 

    Counsel for Appellant /Opposite party              : M/s. N. Vijayaraghavan

    Counsel for the Respondent /Complainant         : M/s.C. Tamilarasan

                                                                               (No representation)

   

This appeal is coming before us for final hearing on 09.02.2022 and on hearing the arguments of the Appellant / Opposite Party and on perusing the material records, this Commission made the following :-

 

O R D E R

R.SUBBIAH J., PRESIDENT

1.        This appeal has been filed under Section 15 of the Consumer Protection Act, by the opposite party as against the order dated 11.09.2018 passed in   C.C. No.223 of 2010 by the District Consumer Disputes Redressal Forum, Chennai (South), directing them to pay a sum of Rs.2,00,000/- towards medical expenses and to pay a sum of Rs.15,000/- towards compensation for mental agony with a cost of Rs.5000/- to the complainant.

 

2.       When the matter was taken up for consideration today, the counsel for the appellant was present but the counsel for the respondent was not present.  However, we find that a memo has been filed by the counsel for the respondent during earlier hearing, stating that the respondent/ complainant Jayaprakash, Son of Mr.Palaniyandi had died on 13.07.2013 and that as soon as he receive the death certificate and legal heir certificate he would bring the legal heirs on record. 

 

3.  We find from the records that subsequently, he had also produced the Death Certificate and legal heir certificate.  In the death certificate it is seen that the complainant had died on 13.07.2013, that is much earlier to the order passed by the District Consumer Dispute Redressal Forum, Chennai (South) on 11.09.2018.  Under such circumstances, we are of the opinion that the order passed by the District Forum itself is not valid.   The counsel who appeared for the complainant before the District Forum, ought to have filed a petition to bring the legal heirs on record, before the District Forum itself, before passing the order.  But he had failed to do so.  Therefore, the said order is liable to be set aside.

 

4.   Accordingly, the order dated 11.09.2018 passed in C.C. No.223 of 2010 by the District Consumer Disputes Redressal Forum, Chennai (South), is set aside.  Consequently, the appeal is allowed.

 

 

S.M.LATHA MAHESWARI                                                           R.SUBBIAH

         MEMBER                                                                                PRESIDENT