Tribunals and Commissions(2003) 01 NCDRC CK 0085

KABUL SINGH vs National Insurance Company Limited

National Consumer Disputes Redressal Commission · Decided on 17 January 2003 · Citation: 2003 2 CLT 542 : 2003 2 CPJ 28

HON’BLE JUDGES
Amarjeet Chaudhary , Shakuntla Devi Sangwans J.
RESULT
Appeal dismissed

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Judgment

2 paragraphs · 165 words
1.

COMPLAINANT-Kabul Singh has come up in appeal against the order of the District Forum, Sirsa dated 11.6.1998 vide which the District Forum had dismissed the complaint.

2.

NOTICE of the appeal was issued and in pursuance of which Mr. R.M. Suri, Advocate has put in appearance on behalf of the respondent. We have heard the Counsel for the parties and had also perused the impugned order. From the record, it is seen that the complainant had filed a claim petition under Section 166 of the MACT Act before the Motor Accident Claims Tribunal at Sirsa and thereafter he filed the complaint before the District Forum. The Commission has taken a consistent view that two remedies cannot be availed simultaneously and since the complainant had already filed a claim petition before the Motor Accident Claims Tribunal, the complaint itself was not maintainable and as such the District Forum has rightly dismissed the complaint. For the parity of reasoning, the appeal is also dismissed. Appeal dismissed.