Dated: 14.10.2024

O R D E R

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER:

1. This is an appeal filed by complainant in CC/30/2015 on the file of DCDRC, Kolar, aggrieved by the order dated 15.05.2017.  (The parties to this appeal will be referred as to their rank assigned to them by the District Commission)
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.
3. Now the point that arise for consideration of the Commission would be whether impugned order dated 15.05.2017 passed in CC/30/2015 on the file of DCDRC, Kolar does call for an interference of the Commission for the grounds set out in the appeal memo?
4. Let us examine the impugned order and in particular para-08 to 17 wherein District Commission found Smt.Narayanamma W/o Narayanappa was suffering from breast cancer prior to obtaining policy and she had suppressed her medical aliments prior to obtaining the policy in question.  Learned counsel for appellant/complainant submits that District Commission has failed to consider that one Smt.Narayanamma W/o Narayanappa R/at Upparahalli, Mustur Post who also belongs to same village had visited Kidwai Memorial Institute of Oncology, Bengaluru on 15.03.2011 and wrongly concluded that she was mother of complainant who had visited the said hospital.  Learned counsel for respondent/insurer submits that appellant herein had also raised a CC/29/2015 on the file of DCDRC, Kolar against M/s Reliance Life Insurance Co. Ltd., on similar set of facts which also came to be dismissed and aggrieved by the said order an A/1361/2017 came to be preferred before State Commission and in A/1361/2017 the State Commission on 17.12.2022 remanded back the matter to the District Commission to re-consider the case of complainant afresh to examine, whether Smt.Narayanamma W/o Narayanappa was admitted to Kidwai Memorial Institute of Oncology, Bengaluru on 15.03.2011 for treatment of breast cancer or she was a different patient, by examining the case summary sheet issued by hospital and to find support copy of order dated 17.12.2022 passed by this Commission in A/1361/2017 is placed on record.  We have examined the order of this Commission dated 17.12.2022, since the grounds of appeal, in this appeal and the grounds in A/1361/2017 are almost similar, as such, it would be just and proper to remand back the matter to District Commission to re-consider the dispute raised by complainant afresh along with CC/29/2015 to avoid conflict of decisions.  In other words, CC Nos.29 and 30 of 2015 raised by Mr.Srinivas B alias Srinivasappa S/o Changalarayappa has to be decide together afresh, Accordingly,   allowed the appeal.  Consequently, set aside the order dated 15.05.2017 passed in CC/30/2015 on the file of DCDRC, Kolar and directed to re-admit the complaint to decide the dispute afresh affording opportunity to both parties and allow them to place additional evidence if any.
5. Remit back the LCR to the District Commission and send a copy of this Order to the District Commission and parties to the appeal for information.

        Lady Member                                         Judicial Member              

*GGH*