KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL No. 629/2010
JUDGMENT DATED: 04-12-2010
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT
1. Savithry.K.K, W/o Late M.Krishnakumar,
Mampallakuttiparambil House,
Kunnappilly, Perinthalmanna.
2. M.K.Anila (minor), Rep. by mother Savithry,
Mampallakuttiparambil House,
Kunnappilly, Perinthalmanna.
And at present residing at
Kadavllur.P.O, Thrissur.
: APPELLANTS
3. Akhila (minor), Rep. by mother Savithry,
Mampallakuttiparambil House,
Kunnappilly, Perinthalmanna.
And at present residing at
Kadavllur.P.O, Thrissur.
4. Lakshmi, W/o Chathunny,
Mampallakuttiparambil House,
Kunnappilly, Perinthalmanna.
And at present residing at
Kadavllur.P.O, Thrissur.
(By Adv. Sri.S.Reghukumar)
Vs.
1. Manager, The New India Assurance-
Company, Branch Office, Jrs. Complex,
2nd Floor, Ottappalam.
: RESPONDENTS
2. Manager, The New India Assurance
Company, Branch Office, Thrissur.
JUDGMENT
JUSTICE SHRI. K.R. UDAYABHAN:PRESIDENT
The appellants are the complainants who are the LRs of the deceased policy holder in OP.150/05 in the file of CDRF, Thrissur. The complaint stand dismissed on the ground of maintainability.
2. The claim is with respect to the death of the insured who was having personal accident coverage also. It is the case that the insured died when the motor cycle that he was driving skidded. The Forum has found that the matter is maintainable only because the Motor Accidents Claims Tribunal.
3. We find that the finding of the Forum is incorrect (Oriental Insurance Company Ltd. Vs. Sunita Rathi & Others, AIR 1998 (SC) 257. National Insurance Co Ltd. Vs. Sasilatha 1999 KHC 630.). Hence the order of the Forum is set aside, the matter is remitted back to the Forum. The Forum is directed to issue notice to the respondents and dispose of the matter on merits.
The case stands posted before the Forum on 11-1-2010.
The office will forward a copy of this order to the Forum urgently.
JUSTICE K.R. UDAYABHANU:PRESIDENT
VL.
