Learned Counsel Shri S.S.Das for the Complainant is present.

Learned Counsel Ms L.Rymbai for the Opposite Party is present.

1. This Commission by Order dated 5.5.2022 desired to dismiss the complaint on account of non prosecution. However, no disposal Order was passed. The Opposite Party was directed to seek instruction on payment to some monetary relief as a good gesture to the Complainant. Learned Counsel for the Opposite Party submits that she has instruction for payment of Rs 5,000 to 10,000 to the Complainant.

2. Learned Counsel Shri S.S.Das for the Complainant submitted, the matter was heard and pending for response by the Opposite Party, as such it is not a case that the Complainant is not interested in pursuing the matter and further submits that the Commission does not sitting regularly earlier, as such the matter was not followed up which give an impression to the Commission, that the Complainant is not interested in pursuing the complaint.

3. Perused complaint, it will not be necessary to get into factual, aspect and the averment made in the instant complaint, the Complainant has aggrieved by non release of the benefit of Personal Accident Policy which covers the accident of the petitioner. From the complaint it is discern that the Complainant met with an accident on 13.04.2007. The Policy was for a period of one year from 04.08.2006 to 03.08.2007, the accident took place when the policy was valid. The Complainant raised claim before the Opposite Party Insurance Company on 08.03.2008 under the policy. The Opposite Party vide letter dated 07.05.2008 annexure 5 of the claim petition communicated to the Complainant that the claim cannot be process with photo copies of the document. As such, the Complainant was requested to submit an FIR, with regard to the loss of original documents. It appears that the Complainant being aggrieved by the letter dated 07.05.2008, has approached this Commission coupled with delay in disposal of the claim. This matter is pending since 2009. This Commission is of the opinion that the complaint can be disposed off by directing the Complainant to submit the copy of the FIR before the Opposite party Insurance Company, within 3 weeks and the Opposite Party shall decide the claim of the Complainant within two months.

4. After submission of FIR by the Complainant, the Opposite Party, shall decide the claim of the Complainant in accordance with law without any influence by any Order/Orders/Observation, made by this Commission in any of its Order, or any Orders passed in the instant proceeding.

A copy of this Order, shall be made available to both parties. With the above observation this complaint stands closed.

Parties are also at liberty to resolve the matter amicably.