NCDRC

NCDRC

RP/855/2013

RAJ SINGH - Complainant(s)

Versus

ORIENTAL INSURANCE COMPANY LIMITED - Opp.Party(s)

MR. RAJEEV SHARMA

16 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 855 OF 2013
 
(Against the Order dated 24/10/2011 in Appeal No. 1834/2007 of the State Commission Haryana)
WITH
IA/1534/2013,IA/1535/2013
1. RAJ SINGH
S/O SH SARJU. R/O VILLAGE NANDGARH,TEHSIL JULANA
JIND
HARYANA
2. SMY SARJO , WIDOW,
R/O VILLAGE NANDGARH,TEHSIL JULANA
JIND
HARYANA
3. PINKI , DAUGHTER
R/O VILLAGE NANDGARH,TEHSIL JULANA
JIND
HARYANA
4. PARVEEN , SON,
R/O VILLAGE NANDGARH,TEHSIL JULANA
JIND
HARYANA
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LIMITED
REGIONAL OFFICE (AMBALA CANTT)
AMBALA
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Rajeev Sharma, Advocate
For the Respondent :
Mr. Manish Pratap Singh &
Mr. Ajay Singh, Advocates

Dated : 16 Aug 2013
ORDER

PER JUSTICE J.M. MALIK

 

 

          Learned counsel for the parties present.  Petitioner has produced the original death certificate of Sh. Raj Singh.  We have seen the original death certificate and returned to the petitioner. Sh. Raj Singh expired on 07.05.2007.  The appellate order was passed in the First Appeal by the State Commission on 17.07.2007.  It is thus clear that the order passed by the State Commission is null and void.  It is well settled that the Commission or Court cannot pass a decree or order against a dead person. We therefore set aside the order rendered by the State Commission.

We hereby remand the case before the State Commission for further proceedings as per Law and direct the parties to appear before the State Commission on 16.09.2013.  The State Commission is directed to decide the case as per Law.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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