KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.216/09 JUDGMENT DATED.29.6.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER 1Branch Manager, Life Insurance Corporation of India -- APPELLANTS P.O,Box No.37 M.C.Road, Thiruvalla. 2. The Divisional Manager, Divisional Office, National Insurance Co.Ltd., Thiruvananthapuram. (By Adv.S.Rajeev) Vs. V.K.Kuruvila, S/0 Kuriakose, Vallomtharayil veedu, Thiruvalla Taluk, -- RESPONDENT ThottappuzhasseriVillage, Maramon.P.O. JUDGMENT JUSTICESHRI.K.R.UDAYABHANU,PRESIDENT The appellant are the opposite parties/National Insurance Company in CC.158/06 in the file of CDRF, Pathanamthitta. The appellants are under orders to pay a sum of Rs.12,515/- with interest at 12% from the date of filing till payment and thereafter at 6% interest per annum and also to pay Rs.2,000/- as compensation. 2. It is the case of the complainant that the vehicle insured with the appellants met with an accident. He spent a sum of Rs.17,405/- towards repairs. On the basis of the report of the surveyor the appellants paid a sum of Rs.4890/-. The complainant had sought for the balance amount of Rs.12,515/- and compensation of Rs.10,000/-. 3. The opposite parties/appellants remained ex-parte. 4. It is contended by the appellants that they had filed IAs 82/06 and 16/06 for setting aside the exparte order. The above applications were not considered. It is also contended that the amount of Rs.4,890/- was received by the complainant in full and final settlement. 5. In the circumstances, the appellants have sought for an opportunity for contesting the matter. 6. In view of the fact that the contentions of the opposite parties/appellants were not considered by the Forum we find that an opportunity is to be given to the appellants to contest the matter. 7. In the result the order of the Forum is set aside and the matter is remitted back on condition that the appellants pay a sum of Rs.5000/- towards cost to the complainant. On deposit of the amount of cost the same can be withdrawn by the complainant. 7. In the result, the Forum is directed to permit the parties to file version and adduce evidence if they so desire and dispose of the case afresh on merits. The matter will stand posted before the Forum on 22/8/09. The office will issue copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER s/L
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
