Chandigarh

StateCommission

A/167/2017

Bajaj Allianz General Insurance Company Ltd. - Complainant(s)

Versus

Shekhar Jain - Opp.Party(s)

Varun Chawla, Adv.

14 Jul 2017

ORDER

ORDER

 

                  

                    This appeal has been filed by the Opposite Parties against order dated 06.04.2017 vide which the appellants/Opposite Parties were directed to pay an amount of Rs.40,000/- minus Rs.10,000/- = Rs.30,000/- plus compensation amount of Rs.10,000/- and also Rs.5,000/- as litigation cost. The amount was ordered to be paid in a time bound manner, failing which, further compensation of Rs.25,000/- was to be granted in favour of the respondent/complainant.

                        When this appeal came up for hearing on 23.06.2017, following order was passed by this Commission:-

“As per office report, record of the District Forum has been received.

                        Alongwith the appeal, an application for condonation of delay of 7 days as per the applicant/appellant  (as per the office report 2 days), in filing the appeal, has been filed.

                        Heard.

                        For the reasons stated in the application, which is supported by a duly sworn affidavit and finding sufficient cause, the delay aforesaid is condoned.

                        The application is disposed of accordingly.

            When this Commission was not ready to interfere on merits, Counsel for the appellants very intelligently stated that compensation granted is on the higher side and to that extent, notice be issued to the respondent/complainant. Notice for 14.07.2017.

            Dasti notice be given to the Counsel for the appellants to serve the respondent/complainant through his Counsel, who represented him before the District Forum.”       

 

                   Service is complete.

                        Sh. Sachin Gupta, Advocate has put in appearance on behalf of  the respondent/complainant by filing his Vakalatnama, which is taken on record. He very fairly stated that let the amount of compensation be reduced.

                        Accordingly, we reduce the amount of compensation from Rs.10,000/- to Rs.7,000/-. Time to make the payment is already over. In view of this, the respondent/complainant is also entitled to compensation of Rs.25,000/-. However, on account of fact that the appeal was pending, we are not going to grant that amount of Rs.25,000/- to the respondent/complainant. Let the entire amount i.e. Rs.30,000.00 + Rs.7,000.00 + Rs.5,000.00 = Rs.42,000.00, referred to above, be paid by the appellants/Opposite Parties to the respondent/complainant within 3 weeks from today positively, failing which, the respondent/complainant will be entitled to get that compensation amount of Rs.25,000/- also.

                        In view of above, the appeal stands disposed of.

                        Certified copies of the order be given dasti to Counsel for both the parties.

           

                    

 

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