Sri Shyamal Gupta, Member

Aggrieved with the impugned order, by which the instant complaint case has been dismissed by the Ld. District Forum, this Appeal is moved by Smt. Padma Das, the de facto Complainant.

The dispute cropped up between the parties over non-settlement of Appellant’s claim by the Respondent Insurance Company. 

As the Respondent No. 1 did not turn up before this Commission, the Appeal was heard ex parte against it. On notice, the Respondent No. 2 turned up before this Commission through her Ld. Advocate, who took a positive part at the time of hearing.

In the opinion of the Ld. District Forum, the instant complaint case was barred by limitation.  In this regard, it is noted by me that the accident took place on 29-11-2012 and the Appellant’s husband, who was the owner-driver of the ill-fated vehicle, succumbed to his injuries on 02-12-2012.  Thereafter, the Appellant staked insurance claim with the Respondent No. 1 on 16-08-2013. 

It is true that the said letter does not contain the office seal of the Respondent No. 1.  Given that the Appellant’s claim in this regard remained unchallenged, there was no valid reason for the Ld. District Forum to jump to conclusion that it was not sufficient to establish that the Appellant indeed staked claim on that day. In my considered opinion, the Appellant deserves benefit of doubt in this regard. 

As cause of action consists of bundle of facts, considering 16-08-2013 as the base date, it appears to me that the instant case was filed well within the limitation period. 

As regards other maintainability aspects being pointed out by the Ld. District Forum in the impugned order, the same being always curable, I am inclined to accord due privilege to the Appellant to surmount those technical loopholes.

Accordingly, I direct the Appellant to plug all the loopholes being pointed out by the Ld. District Forum in the order impugned and file an amended petition of complaint before it within 60 days from this day. 

The Appeal, accordingly, stands allowed in part. The impugned order is hereby set aside.