news details |
|
|
| Consumer Commission dismisses NIC’s appeal with costs | | Upholds orders of Divisional Consumer Forum in two cases | | Early Times Reporter
Jammu | Feb 8
Dismissing the appeal, with costs, filed by the National Insurance Company Jammu through its Divisional Manager against the order of the Divisional Consumer Forum, the State Consumer Redressal Commission has burned the Insurance Company by Rs.3000 for filling merit less appeal in the Commission.
After considering respective contentions of the counsels appearing for the parties, the Commission, headed by Justice (Retd) G D Sharma with Khalid Hussain as Member, did not find any material on record to disbelieve the post mortem report which was relied upon by the learned Forum. The Commission observed that post mortem report is a public document and even under the Evidence Act its contents are admissible. Since the post mortem report is the final verdict based on scientific investigations, so the opinion given by the investigator appointed by the appellant herein pales into insignificance, the Commission further observed.
The National Insurance Company had filed an appeal against Santosh Kumari widow of late Ramesh Singh r/o Bhaderwah, at present 14-Nehru Market, Jammu and others challenging order dated January 22, 2007 passed by the Divisional Consumer Forum whereby appellant Insurance Company was directed to make payment of Rs. one lakh, the insured amount, under Janta Personal Accident Scheme within two months failing which 6 per cent interest per annum was ordered to be paid.
The Consumer Commission while upholding the decision of the Forum imposed Rs. 3000 as cost for filling merit less appeal in the Commission.
The Commission also dismissed one more appeal pending since last three years with costs of Rs.3000 and upheld the decision of the Divisional Forum Jammu.
While dismissing the appeal, the Commission observed that the impugned orders, besides being based on the record of the case is well reasoned and within the precincts of law, but it has been challenged in an appeal by traversing some facts. In this view of the matter, the order of Forum is upheld and appeal dismissed with costs, the Commission ordered.
National Insurance Company had filed an appeal through its senior manager against M/S Adarsh Bharat Transport Co through Adarsh Gupta s/o Pashori Lal Gupta r/o F.427, Sarwal Chowk Jammu challenging the order dated September 3,2004 of the Divisional Forum ,Jammu where under the appellant was directed to pay Rs.1,48,500 with 9 per cent interest from the date of loss viz December 16,2000 to June 12,2002, when the said amount was deposited in the Forum as well as an amount of Rs.72,000 being the value of the salvage assessed by the surveyor. The respondent owner of the accidental vehicle Bus NO JKU-1647 which had met with an accident on December 15, 2000 was directed to hand over the salvage and R/C of the vehicle in question to the appellant insurance company. Litigation charges in the sum of Rs.1000 were also allowed in favour of the respondent, who was complainant before the Forum. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
