Nagaland

StateCommission

FA 4/2012

The Oriental Insurance Co. Ltd. - Complainant(s)

Versus

Shri Rajesh Gupta - Opp.Party(s)

Mr. B. Devnath, Ms. Zhevi Swu

03 May 2016

ORDER

This appeal is directed against the judgment and order dated 25/04/2012 passed by the District Consumer Forum Mokokchung in C.C Case No. 1/2010. By this impugned judgment the Forum has awarded a sum of Rs.1,22,915/-  with interest in favor of the complainant for the damage of his vehicle in a road accident. Hence, this appeal is at the instance of the Insurance Company.

 Heard, Shri. B Devnath, the learned counsel for the appellant. The respondent has not appeared to contest the case despite notices.

      Shri B Devnath submitted that the impugned order has been passed without recording any evidence and also without filing of original documents of the vehicle repair.

      On perusal of the trial court records we also notice that except making an inquiry regarding the genuineness of the Driver’s license the District Forum did not ask the parties to give their evidence either oral or documentary. In this way, the impugned judgment is not based on the basis of any legal evidence. The Insurance Company was also deprived of cross examination of the complainant and his witnesses. For the aforesaid deficiencies the impugned judgment is hereby set aside. The learned District Forum is directed to decide the case afresh after giving sufficient opportunities to both the parties to adduce their evidence.   

        We would like to observe here that the pendency of the case before the District Forum will not stand in the way for the Insurance Company to consider the claim of the complainant for grant of compensation within three months.

        Return the LCR with a copy of this order immediately.