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Judgment
THIS Revision Petition has been filed by the Petitioner against order dated 28.5.2008 passed by State Commission in Appeal No. 2580 of 2007 - Abdul VS. Divisional Manager, National Insurance Co. Ltd.; by which while dismissing appeal, order of the District Forum dismissing complaint was upheld.
BRIEF facts of the case are that Complainant/Petitioner is owner of vehicle KA -32/A -0529 which was insured by Opposite Party/Respondent for a period of one year from 23.1.2005 to 22.1.2006. On 20.3.2005, vehicle met with an accident and FIR was lodged. Opposite Party was also intimated who appointed surveyor. Complainant submitted claim alongwith FIR, copy of RC, Driving License and original bills of Rs. 1,61,800/ -. Opposite Party did not settle claim. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. District Forum at initial stage, dismissed the complaint. Appeal filed by Complainant was allowed and Learned State Commission remanded matter back to District Forum. Opposite Party resisted complaint and submitted that neither claim form nor documents were submitted and claim is false and baseless and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by Complainant was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.
HEARD Learned Counsel for the parties and perused record. Learned Counsel for Petitioner submitted that Learned District Forum committed error in dismissing complaint in spite of no objection by Opposite Party regarding RC and Driving License and Learned State Commission further committed error in dismissing appeal in spite of the fact that those documents were present before State Commission, hence, Revision Petition be allowed and impugned order be set aside.
ON the other hand, Learned Counsel for Respondent submitted that order passed by State Commission is in accordance with law, hence, Revision Petition be dismissed or if allowed, matter may be remanded back to State Commission.
PERUSAL of record reveals that complaint was filed pertaining to vehicle KA - 32/A -0529 and necessary documents were submitted by the Complainant to the surveyor who has mentioned all these documents in the survey report and assessed loss. Petitioner has again filed copy of insurance policy, driving license and RC before this Commission. In Memo of Appeal filed before State Commission, Petitioner specifically mentioned that all these documents were filed along with claim form and Opposite Party admitted insurance of the vehicle. In affidavit alongwith appeal, it has specifically been mentioned that Petitioner is producing RC book and Driving License for perusal of Commission. Even then, Learned State Commission observed that Complainant ought to have produced RC and Driving License and has wrongly mentioned that insurance policy was in the name of one Sri Pandurang Rathod whereas insurance policy was in the name of Petitioner. It appears that in spite of having all the documents on record, Learned State Commission passed this order under the assumption that documents have not been filed by the parties and dismissed appeal without any cogent reason.
IN such circumstances, Revision Petition is to be allowed and impugned order is liable to set aside and matter is to be remanded back to the State Commission.
CONSEQUENT LY , Revision Petition filed by the Petitioner is allowed and impugned order dated 28.5.2008 passed by the State Commission in Appeal No. 2580 of 2007 - Abdul VS. National Insurance Co. Ltd. is set aside and matter is remanded back to State Commission to decide appeal after considering documents filed alongwith appeal after giving opportunity of being heard to both the parties.
PARTIES are directed to appear before the State Commission on 19.12.2014.