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Judgment
HEARD Sri K.Venkateswarulu, counsel for the appellant. None appears on behalf of the respondents.
ORDER dated 18 -3 -2014 in C.C.No.62/2013 passed by the District Forum, Guntur is under challenge in this appeal filed by the complainant. The complaint was dismissed substantively for default of the complainant by remaining absent.
THE order, perse, cannot be found fault with since the complainant was absent though sufficiently cautioned about the consequences of her absence and the matter was posted under the caption of ''dismissal''. The Forum, therefore, was constrained to dismiss the complaint for non -prosecution. Be that as it may, the complainant claims that her husband met with an accidental death and she being a dependent, is seeking the insurance amount under the personal accident insurance policy. That apart, according to her for a considerable period almost for 8 months, the Advocates went on agitation and boycotted the courts. She, therefore, prays that an opportunity be given to her to pursue the matter on merits.
IT is true that the advocates were not attending the courts for considerable time as reflected from the docket proceedings. It is probable that as contended by the learned counsel appearing for the appellant, the appellant was under the impression that her presence was not necessary on the appointed day. Further the complainant claims to be a dependant who lost her husband and claiming insurance amount.
THIS Commission is, therefore, of the opinion that the appellant must be given a chance to prosecute her complaint on merits by giving one more opportunity on payment of costs of Rs.500/ - to the counsel for the second respondent before the Forum.
IN the result the appeal is allowed and the impugned order of the District Forum in C.C.No.62/2013 is set aside and the matter is remanded to the District Forum for consideration from the stage it has been left over, subject to payment of Rs.500/ - to be paid to the counsel of the second respondent before the District Forum.