ORDER NO. 3 DT. 11.02.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Revisionist through Mr. Shankar Mukhopadhyay,  the OP No. 1 through Mr. N.R.Mukherjee and the OP No. 2 through Mr. P.Banerjee, Ld. Advocates, are present.  Heard both sides at length.  Judgement is passed as under :-

This Revisional Application is directed against the orders passed in C.P.C. Ex 15/09.  The complaints case filed by the Revisionist was disposed of by directing the complainants to produce all the relevant documents of the vehicle in question to the OP so as to enable the said OP to dispose of the claim as raised by the complainants in respect of the insurance policy taken by the complainants for covering the accidental risk of the said vehicle.  However, the said order of disposal of the complaint case was modified by the State Commission on an appeal filed by the complainants by directing the Insurance company to decide the claim finally within two months from the date of making of the order by the State Commission with liberty to the complainant to file any documents, if so advised, within 10 days from the date of the said order.  It is not in dispute that pursuant to the said order of disposal the OP/Insurance Co. has finally repudiated the claim of the complainant although belatedly after expiry of the period of two months.  The complainant, who put the decree into execution upon disposal of the complaint case by the Forum below as above, has come up in this Revisional Application against the orders passed therein.

Having regard to the facts and circumstances as above and more particularly, the fact that the claim of the complainant has been repudiated in the meantime by the OP/Insurance Co., this Revisional case has become infructuous  inasmuch as the execution proceeding in view of the repudiation of the claim would be no longer maintainable.  The Revisional Application shall accordingly stand disposed of as being infructuous.