NCDRC

NCDRC

FA/80/2010

M/S. TRIVENI OVERSEAS LTD. - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. & ORS. - Opp.Party(s)

MR. R.S. HEGDE

11 Mar 2010

ORDER

Date of Filing: 05 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIFIRST APPEAL NO. No. FA/80/2010
(Against the Order dated 12/03/2009 in Complaint No. 95/1996 of the State Commission Karnataka)
1. M/S. TRIVENI OVERSEAS LTD.Triveni House,P.O.Aghanashini-581351Kumta TalukUttara Kannada ...........Appellant(s)

Vs.
1. NEW INDIA ASSURANCE CO. LTD. & ORS.New India Assurance Building,37,M.G.Road,Fort,Bombay-4000012. The New India Assurance Co.Ltd.,Savithri Sadan,OPP.Indian Bank,P.B.Street,Dharwad-5800013. The New India Assurance Co.Ltd,Street Prasad Building,High Church Road,Karwar (U.K.) ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 11 Mar 2010
ORDER

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Uncontented with the order dated 12.03.2009 passed by the Karnataka State Consumer Disputes Redressal Commission (in short ‘the State Commission’) in complaint no. 95 of 1996, the complainant has filed the present appeal seeking upgradation of the relief by enhancement of the compensation so awarded to him. By the impugned order, the State Commission has partly allowed the complaint filed by the appellant and has directed the opposite party insurance company to pay a lump-sum compensation of Rs.5 lakh in full and final settlement of his claim with the stipulation to pay the amount within a period of 2 months from the date of the said order failing which the interest @9% p.a. would be payable on the awarded amount. The appeal has been filed after a delay of 303 days and an application for condonation of delay has been filed seeking condonation of the said delay. We have very carefully perused the reasons set-up in para 2 of the said application. In our view the said reasons do not explain the undue delay, what to talk of explaining the delay of each day in filing the present appeal. We are, therefore, not inclined to condone this undue delay in filing the present appeal. Counsel for the appellant states that once the appeal has been dismissed on limitation, he does not want to press the appeal on merits. The appeal is accordingly dismissed as hopelessly barred by time.



......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER