| First Appeal No. A/621/2018 | | ( Date of Filing : 19 Apr 2018 ) | | (Arisen out of Order Dated 20/03/2018 in Case No. Complaint Case No. CC/247/2016 of District Mandya) |
| | | | 1. Eswara | | S/o S.M.Suresh, Aged about 26 years, R/a No.486, Shivalli village, Mandya Tq., Dist. |
| ...........Appellant(s) | |
| Versus | | 1. The Branch Manager | | United India Insurance Co. Ltd., Lakshmi complex, 2nd floor, Chamaraja Jodi road, Ramaswamy circle, Mysore-570004 |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.28.11.2024 A/621/2018 O R D E R BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER. - This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.20.03.2018 passed in CC/247/2016 on the file of Mandya District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
- The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now the point that arise for consideration of this Commission would be
Whether the impugned order dtd.20.03.2018 passed in CC/247/2016 does call for an interference of this Commission for the grounds set out in the appeal memo? - One Mr.Eshwara S/o S.M.Suresh has raised consumer complaint against OP on the ground that he has obtained insurance policy from OP in respect of vehicle bearing no.A11 A7912 Toyota Etios GD(M) motor cab under insurance policy bearing no.TUI/11131624 for the period from 16.06.2014 to 15.06.2015 was met with an accident on 18.04.2015 at 2.00pm near Madduru, Mysuru-Bengaluru highway, as a result, the vehicle was completely damaged, thereby sought to award compensation of Rs.7,43,772/- and sought compensation along with litigation cost.
- The complaint was contested by OP and the District Forum has held an enquiry found as the Complainant has already raised a claim case before 2nd Addl., Sr.Civil Judge, MACT, Mandya, as such, held complaint raised before District Forum is not maintainable and proceeded to dismiss the complaint with no order as to costs. It is this order is assailed in this appeal contending that District Forum failed to appreciate the facts and law, committed grave error in dismissing the complaint. Learned counsel for the insurer submits that, in this appeal, Appellant/Complainant having received a specific direction of the Commission dtd.09.09.2022 to submit copy of the order if any passed by 2nd Addl., Sr.Civil Judge, MACT in respect of the claim case has failed to furnish such copy of the order and submits that District Forum has rightly dismissed the complaint. In our view, MACT and District Commissions are two distinct adjudicatory authorities. In so far as insurance policy obtained by the Complainant in respect of vehicle no.A11 A7912 from OP covering the risk for the period from 16.06.2014 to 15.06.2015, since the date of RTA falls well within the period of insurance, District Forum alone to decide on the alleged deficiency of service, since the policy is agreed between the parties and in so far as MACT is concerned to decide the case under MV Act, 1988. However the District Forum failed to consider these vital aspects of the matter, while passing the impugned order. The District Forum dismissed the complaint only on the ground that the complainant had already filed a claim case before MACT. In our view even if Appellant/Complainant has raised such case, claiming special and general damages for the injuries sustained in the RTA, facts remain the Forum to decide the dispute between parties to the policy and to examine the terms and conditions. Even if complainant has failed to comply with direction of this Commission dtd.09.09.2022, still, in our view, same would be examined by the District Forum. In such view of the matter, since District Forum has to decide on the terms and conditions of the policy entered between insurer and insured under CPA either 1986 or 2019 Act as the case may be, it is therefore, we are of the considered view, the District Forum has committed grave error in dismissing the complaint. Accordingly ordered to allow the appeal, consequently set aside the order dtd.20.03.2018 passed in CC/247/2016 on the file of District Forum, Mandya with a direction to readmit the complaint case and decide the case afresh affording opportunity to both parties as early as possible keeping in mind the object of CPA.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
