Kerala

StateCommission

199/2007

V.Prathapan - Complainant(s)

Versus

The Oriental Insurance Co.Ltd,Rep.by Divisional Manager - Opp.Party(s)

M.Salim

24 Mar 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. 199/2007

V.Prathapan
...........Appellant(s)

Vs.

The Oriental Insurance Co.Ltd,Rep.by Divisional Manager
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACADU THIRUVANANTHAPURAM
 
APPEAL:199/2007
 
JUDGMENT DATED.24..3..2008
 
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU           : PRESIDENT
 
SMT.VALSALA SARANGADHARAN              : MEMBER
 
V. Prathapan, S/o late Vasudevan,
Marutharavilakathu puthen veedu,                             : APPELLANT
Poonkode, Bhagavathinada.P.O,       
 
(By Adv: Sri.M.Salim)
 
          V.
The Oriental Insurance Co. Ltd.,
Repd. By its Divisional Manager,                         : RESPONDENT
Divisional Office, Thakaraparambu,
Thiruvananthapuram.
 
(By Adv: Sri.G.S.Kalkura)
 
JUDGMENT
 
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT   
                                               
          The appellant is the complainant in OP:27/05 on the file of the CDRF, Thiruvananthapuram. It is the grievance of the complainant that the complaint filed by him for realizing the insurance amount with respect to the insurance of his vehicle and for personal injury has been turned down by the Forum with an order passed without properly considering the matter as such. It is his case that he is the owner-cum-driver of Bajaj delivery Van bearing registration No:KL-01-N-7114, which met with an accident on 17..12..2003. In the incident he sustained severe injuries including  multiple fractures.  He was treated at the Medical College Hospital. According to him he has also produced relevant documents. But the respondent did not honour the terms of the policy. Hence he has filed the complaint before the CDRF, Thiruvananthapuram. It is submitted that he had adduced the entire evidence in the matter and a petition was also filed to get him examined by the medical board. The Forum did not pass any order on the above petition also.
2. There was no appearance for the respondents.
3. We find that the order of the Forum is a very concise one which did not contain any reasons or details. The complaint stands dismissed directing the complainant to produce documents mentioned in Ext.P7. According to the complainant/appellant he has produced all the relevant documents.
 4. We find that the order of the Forum is not at all a considered order and is liable to be set aside; and we do so. The Forum is directed to issue a reasoned order after hearing both sides and after disposing of the I.A. filed to get the complainant examined by a medical board and also after permitting the parties to adduce any further evidence if they so desire. Being an old matter the Forum is directed to dispose of the matter expeditiously. The matter will stand posted before the Forum on 30..4..2008.
Office is directed to transmit the order to the Forum urgently.
 
                               JUSTICE K.R. UDAYABHANU : PRESIDENT
 
                               VALSALA SARANGADHARAN : MEMBER
 
 
 
VL.