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Judgment
THE complaint was kept for first hearing on 20-3-1992. THE complainant''s Advocate was present; nobody was present on behalf of the Insurance Company. THErefore ex-parte order was passed and was again adjourned for hearing to 22-4-1992 to enable the opponent to appear.
ON 22-4-1992 the advocate for the complainant was present. Nobody appeared on behalf of the opponent nor any reply was filed and, therefore, the arguments of the learned Advocate for the complainant were heard and oral judgment was dictated. The next day i.e. on 23-4-1992 the judgment was ready for signature. However, the learned Advocate for the Iasurance Company appeared and requested us not to sign the judgment. Therefore the case was posted for hearing the other side and adjourned to 6-5-1992. ON 6-5-1992 the learned Advocate for the complainant was present. The learned Advocate for the opponent submitted a written statement and thereafter he also produced the written arguments. We heard both the parties as to whether there was sufficient reason to reopen the matter. We have perused the written statement filed by the Insurance Company and has also read the written arguments. We have passed the order and has awarded Rs. 25,221/- the expenses incurred by the complainant for the treatment. However, after seeing the reply of the Insurance Company the learned Advocate for the complainant reduced the claim to Rs. 18,851/- because even though her client has incurred the expenses, under the terms of the policy certain expenses were not admissible. Mr. Panchal, the learned Advocate of the opponent has also agreed that if the complaint is allowed, the complainant would be entitled to Rs. 18,851/-.
Except the aforesaid correction in the judgment we are convinced that the opponent has not shown sufficient reason for revising the oral order passed by us on 22-4-1992. Therefore the oral order dictated by us on 22-4-1992 still stands. We, therefore, pass the following final order. Our unsigned oral order will form part of this judgment. ORDER
THE opponent shall pay Rs. 18,851/- with running interest @ 18% as stated above. THE Insurance Company shall also pay Rs. 5,000/- by way of compensation for pain and suffering with cost. THE cost is quantified at Rs. 500/-. The payment shall be made within 4 weeks from the date of receipt of this order by the opponent.
THE purshish given by the complainant reducing the claim is taken on record. Complaint allowed.