IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

ORDER ON ADMISSIBILITY

1.     Heard the learned counsel for the complainant.  Prays further time, but on seeing the averments of complaint and order passed by the Court of Senior Civil Judge, Madikeri and  Commissioner for Employees Compensation Kodagu, Madikeri no need to grant further adjournment admit the complaint.

2. This complaint is filed by Joseph Kurien, Assistant Manager and duly constituted Attorney, Koojimalai Estates, Mercara Rubbers Ltd., Kalamakar Post, Madikeri Taluk, Kodagu District to direct the opposite party Branch Manager, National Insurance Company Limited, Mysore to pay an amount of Rs.3,31,524/- with interest at the rate of 12% per annum from the date of deposit i.e. 26/06/2018 until realization.

3. It is the case of complainant that it has insured its employees with the opposite party for the period from 01/03/2015 to 28/02/2015.  During the course of employment that one Smt. K. Pushpa w/o. C. Manikam has met with accident on 05/06/2014 while rolling rubber sheets in the mechanical roller as a result her index, middle and ring fingers of the left hand were crushed.  Inspite of treatment the worker has permanent disability of 22% of her left hand and she has spent an amount of Rs.60,000/- towards medical expenses.  The said worker had filed ECA No.9/2015 against the present complainant as opponent no.1 and opposite party in this case has i.e. National Insurance Company as opposite party no.2.  The learned Senior Civil Judge Madikeri and Commissioner for Employees Compensation, Kodagu, Madikeri vide order dated 19/12/2017 allowed the ECA holding the worker is entitled for a sum of Rs.2,45,699/- with cost and interest at the rate of 12% per annum from one month after date of accident till the realization.  It is further ordered that the opponent no.2 i.e. Insurance Company is liable to pay the said compensation amount.  He is directed to deposit the compensation in this Tribunal within 60 days from the date of judgment.

4. It is further case of complainant that the opposite party National Insurance Company has failed to pay decree amount then the complainant herein management has deposited Rs.3,31,524/- in Execution Application No.24/2018 filed by the worker before the Civil Judge, Kodagu at Madikeri on 26/06/2018.  It is the case of complainant herein that nonpayment of the decree amount by opposite party Insurance Company amounts to deficiency in service.

5. When the opposite party Insurance Company has failed to pay the medical expenses to the worker she has approached Employees Commission Tribunal Kodagu in ECA No.9/2015 and vide order dated 19/12/2017 the Compensation Tribunal directed the Insurance Company only to pay the decree amount but not by the management.  Though the complainant herein had contested ECA No.9/2015 by engaging counsel and though there is no liability against it has voluntarily deposited the decree amount in the compensation court.  Already the liability of the insurance company has been determined by the Compensation Tribunal there is no question of deficiency on the part of Insurance Company again.  In case it has failed to pay the decree amount.  Compensation Tribunal would have taken coincidence steps to recover the decree amount but though there is no decree against the present complainant, it has voluntarily deposited the decree amount.  Now it is left to the complainant to recover the said amount by filing a civil suit against the insurance company since there is no deficiency on the part of insurance company as it has already decided by the Compensation Tribunal.  Therefore, the complaint deserves to be dismissed.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by Mr. Joseph Kurien is dismissed as not maintainable.
2. Furnish copy of order to both the parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23^rd day of August, 2019)

                                                   (C.V. MARGOOR)

                                                        PRESIDENT 

                                                 (M.C. DEVAKUMAR)