SADHA SINGH vs United India Insurance Co Ltd

WE have heard the authorized representative of the petitioner. The revision filed by the petitioner was dismissed by this Commission on 10.1.2010 against which review was filed, which was also dismissed on 11.1.2011. In this application emphasis have been laid on the fact that the Civil Suit No. 188/05 was for declaration under Section 108 of the Indian Evidence Act and error apparent on record in order dated 10.11.2010 is that the Commission has held that the suit was in respect of payment of claims towards insurance policies.

THE said submission is not correct since Civil Suit No. 188/2005 was filed by the petitioner before the Civil Court for declaration that Satnam Singh was presumed to be dead under Section 108 of Indian Evidence Act and in this suit mandatory injunction was sought directing the United Insurance Co. Ltd. to release the amounts due under Policy Nos. 112606 and 820850. The United Insurance Co. was party respondent in the suit. This suit was dismissed by the Civil Court and appeal filed against the same was withdrawn. These facts were taken into consideration by both, the District Forum as also by the State Commission while dismissing the complaint. The revision against the said order was also dismissed by this Commission as also review application. The proceedings before Consumer Fora are in the nature of summary proceedings and scope of revision is restricted to jurisdictional error, illegality or material irregularity. We do not find any error apparent on record or merit in this application for rehearing the matter on merits and the miscellaneous application is hereby dismissed with no order as to costs. Application dismissed.