Rajasthan

StateCommission

A/154/2019

Aasmohamad s/o Himmat Khan - Complainant(s)

Versus

The Oriental Insurance Company Ltd. - Opp.Party(s)

Umesh Nagpal

06 Mar 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO:154/2019

 

Aas Mohammad s/o Himmat Khan r/o village Kherli Chandravat, Tehsil Lakshmangarh Distt. Alwar.

Vs.

The Oriental Insurance Co. Ltd., Divisional office, 70, Panchwati, Alwar & ors.

 

Date of Order 6.3.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr.K.K.Bagri-Member

 

Mr.Umesh Nagpal counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal is filed against the judgment of the District Forum, Alwar dated 8.10.2018. The matter has come upon

2

application u/s 5 of the Limitation Act as the appeal is filed with delay of 89 days.

 

The only contention of the appellant is that he is a driver and he remains out of the house. Be that may be the case this cannot be a ground to condone the extra ordinary delay of 89 days. Hence, application u/s 5 of the Limitation Act is liable to be dismissed and so also the appeal.

 

Merit has also been considered. The vehicle has been stolen in the midnight of 1 & 2^nd October 2013. Immediately police was informed. Insurance company was informed with delay of one day but the Forum below has rightly held that the vehicle was left unattended on the road near a cottage and driver and khalasi went to their sister's place. Hence, the vehicle has been remained unattended and the Forum below has rightly allowed the claim on non-standard basis.

 

In view of the above, there is no merit in this appeal not worth admission and stands dismissed.

 

(K.K.Bagri) (Nisha Gupta )

Member President

 

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