New India Assurance Company Ltd. vs GUDALA RAVI KUMAR

-WE have heard Mr. N.B. Das, learned Counsel for the appellant Insurance Company, and Mr. Mishra, learned Counsel for the complainant.

WE could have disposed of this matter even without a written version which was not filed before the District Forum as indicated in the order-sheet of the lower Court. Mr. Das has strenuously urged that the Insurance Company was not given any chance by the District Forum to file the written version and, therefore, a fresh chance should be given to them to file the same. Having heard the learned Counsel for both sides and on perusal of the lower Court''s order-sheet, particularly the order dated 16.5.2003, we find that in fact, as stated by the District Forum, the Insurance Company received the registered notice on 31.3.2003. By 16.5.2003 certainly 45 days were over. Therefore, the District Forum rightly rejected the petition for time holding that the statutory period for filing the written version was over. This order cannot be held to be erroneous. But we have considered the case from another angle. Since there is allegation of theft of the vehicle for which claim had been made against the Insurance Company, we have thought it appropriate that the written version is necessary in this case. But since because of the lapses on the part of the Insurance Company the written version could not be filed in the lower Court, we allow them to file written version before the District Forum, subject to the Insurance Company paying a sum of Rs. 1,000/- (Rupees one thousand) to the complainant towards cost.

Accordingly we set aside the order of the District Forum and direct the Insurance Company to pay a sum of Rs. 1,000/- to the complainant himself. Only after payment of the cost, the written version to be filed by the Insurance Company shall be accepted. The matter should be disposed of afresh within a period of two months from the date of receipt of this order. We do not propose to issue further notice to the parties. Since both the parties are represented by their respective Counsel before us, no further notice before the District Forum is necessary. We fix the date to 24th May, 2004 for appearance of both the parties before the District Forum for receiving further orders. Appeal allowed.