Kerala

Kollam

CC/135/2011

Vinod, Chempakassery veedu, Perumpuzha.P.O. Kollam - Complainant(s)

Versus

The Branch Manger, National Insurance Company Ltd, Branch Office, Parakadayil complex, P.B.No.70, Op - Opp.Party(s)

31 Oct 2012

ORDER

 
Complaint Case No. CC/135/2011
 
1. Vinod, Chempakassery veedu, Perumpuzha.P.O. Kollam
...........Complainant(s)
Versus
1. The Branch Manger, National Insurance Company Ltd, Branch Office, Parakadayil complex, P.B.No.70, Opp.NO.1, Private Bus stand, Changanassery and two others
2. The Branch Manager, National Insurance Company Ltd, Branch Office, Kollam
.
3. The Branch Manager, Sevak Health Consumer Ltd, Prof.S.L.Thomas Centre, Changanassery
.
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. VIJYAKUMAR. R : Member PRESIDING MEMBER
 HONORABLE MRS. RAVI SUSHA MEMBER
 
PRESENT:
 
ORDER

SMT. G. VASANTHAKUMARI, PRESIDENT.

 

            Heard.  Admittedly the alleged accident and Health Care Policy issued to the deceased who was residing at Changanassery from the office of the 1st opp.party at Changanasserry.   The alleged cause of action  is only against the 1st and 3rd opposite parties in this case, which is not within the territorial jurisdiction of this Forum.  In 2009 [4]KLT SN.56 [case No.50]S.C. it has been held that Expression “branch office” in amended Se.17[2] would mean branch office where cause of action has arisen.   Following the above decision we have no hesitation to hold that this Forum has no territorial jurisdiction to entertain this matter since the cause of action arose at Changanasserry and not at Kollam where the branch office of 2nd opp.party situates.

            In the result, the I.A. is allowed.

 

            Dated this the 31st day of October, 2012.

 

                                                                                                                                                           

 
 
[HONORABLE MR. VIJYAKUMAR. R : Member]
PRESIDING MEMBER
 
[HONORABLE MRS. RAVI SUSHA]
MEMBER

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