NCDRC

NCDRC

RP/109/2006

THE NEW INDIA ASSURANCE CO. LTD. - Complainant(s)

Versus

SMT. N. HEMAVATHI AND OTHERS - Opp.Party(s)

MR. MAIHAM N. SINGH

21 Oct 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 109 OF 2006
 
(Against the Order dated 18/07/2005 in Appeal No. 798/2004 of the State Commission Karnataka)
1. THE NEW INDIA ASSURANCE CO. LTD.
ALLIED MOUNT CASA BLACA BLDG.
2ND FLOOR NO.6 ANNA SALAI
CHENNAI 600002
...........Petitioner(s)
Versus 
1. SMT. N. HEMAVATHI AND OTHERS
NO.98 2ND STAGE
2ND PHASE WEST OF CHORD ROAD MAHALAKSHMIPURAM
BANGALORE 86
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Maibam N. Singh, Advocate
For the Respondent :
Mr. T. A. Ramakrishnappa, Advocate for respondent No. 1
Ms. Ruchi Singh, Advocate for respondents No. 2 and 3

Dated : 21 Oct 2011
ORDER

M. A. No. 708 of 2011

          The prayer in this application is for restoration of the revision petition, which was dismissed in default vide order dated 10.09.2009.  The application is opposed by the respondent-complainant as also by respondents No. 2 and 3. 

          Having considered the grounds set up in the revision petition, we are of the view that no ground is shown which will entitle the petitioner-insurance company for restoration of the revision petition.  The application is, therefore, dismissed.

M. A. No. 709 of 2011

            Heard learned counsel for the parties.  The only prayer made in the application is for refund of the amount deposited by the petitioner-insurance company in this Commission pursuant to the direction given by this Commission.  It is admitted position that the insurance company has already paid a sum of Rs. 1 lakh to the respondent No. 1 in discharge of their liability under the award made by the State Commission.  We have already dismissed the application for restoration and, therefore, the petitioner-insurance company is within its right to seek the refund of the amount of Rs.55,000/- deposited in this Commission.   The application is allowed.  The amount alongwith accrued interest thereon be refunded to the petitioner-insurance company.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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