KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                     VAZHUTHACAUDTHIRUVANANTHAPURAM                                                                                       

                                   APPEAL NO.274/2010

                             JUDGMENT DATED 20.8.2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

M/s Oriental Insurance Company Ltd.

Branch Office, Thiruvalla

Reptd. by its Divisional Manager,                      --  APPELLANT

Divisional Office-1

Thiruvananthapuram.

   (By Adv.Varkala B.Ravikumar)

                   Vs.

1.      Sunitha Susan George,

W/0 Lukose George

Ayirookuzhiyil Puthen kavu,

Chengannur, Alleppy District.

2.      K.G.Ramesh,                                            --  RESPONDENTS

          Development Officer,

M/s Oriental Insurance Company Ltd.

          Branch Office, Thiruvalla.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties/Insurance Company in CC 177/08 in the file of CDRF, Pathanamthitta.  The appellant is under orders to pay a sum of Rs.50,811/- and Rs.10,000/- as compensation and Rs.1000/- as costs towards the treatment expenses incurred vide the medi-claim policy issued by the appellant.  The appellants/opposite party was ex-parte before the Forum below.  There was delay in filing the appeal    which was   condoned on payment of costs of Rs.1000/-.

          2. It is the case of the appellant that the policy had lapsed on 16.3.96 and the cheques sent to the second opposite party/Development Officer are dated 9.5.06 and 1.8.07 and according to the appellant there was no renewal of the policy.  Further, it is pointed out as per the policy the coverage is limited to Rs.25,000/- per head.

          3. The evidence adduced before the Forum consisted of Exts.A1 to A10 and the proof affidavit of the complainant.

          4. We find that the contention raised by the appellant has not been considered or rather could not be considered by the Forum below. 

          5. In the circumstances, the order of the Forum is set aside on condition that the appellant pay a sum of Rs.4000/- to the complainant towards costs or deposit the same before the Forum which can be withdrawn by the complainant.  The Forum will issue notice to the complainant and dispose of the matter on merits after permitting the opposite parties to file version and contest the matter.

          6. The  case stands posted before the Forum on 8.10.2010.

          The office will forward a copy of this order to the Forum urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

S/L