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GUJARAT STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, AHMEDABAD
Hon’ble Mr. Justice M.S. Parikh, President & Dr. M.K. Joshi, Member
MUHAMMAD FARUQ ABDUL NAJID VASKA—Appellant
versus
UNITED INDIA INSURANCE CO. LTD.—Respondent
Appeal No. 496 of 2002—Decided on 30.1.2003
Insurance Claim - Full and Final Settlement - Dismissal of Complaint
Fact of the Case:
The complainant filed a complaint for higher claim than the one sanctioned by the opponent Insurance Company, which was accepted by the complainant without demur. The complaint was filed beyond the period of limitation and had to move application for condonation of delay.
Finding of the Court:
The court found that there was no reason for the complainant to present a higher claim than the one sanctioned by the opponent Insurance Company and accepted by the complainant without demur. The court referred to the decision of the Hon’ble Supreme Court in the case of United India Insurance Co. Ltd. v. Ajmer Singh Cotton & General Mills & Ors., and held that when the insured person issued a discharge voucher in full and final settlement of his claim, his further grievance would be tenable only if he proves that the discharge voucher was obtained by fraud, coercion, and/or the like, but the claim was preferred even after the expiry of the period of limitation.
Issues: The issues involved the complainant's filing of a higher claim than the one sanctioned by the opponent Insurance Company, the acceptance of the lower claim without demur, and the filing of the complaint beyond the period of limitation.
Ratio Decidendi: The court applied the legal principle that a discharge voucher in full and final settlement of an insurance claim would only be challengeable if obtained by fraud, coercion, or similar means, and if the claim was preferred even after the expiry of the period of limitation.
Final Decision: The appeal was dismissed with no order as to cost.
Mr. Justice M.S. Parikh, President—This appeal arises from order dated 21st November, 2000 rendered by the learned Panchmahals District Consumer Disputes Redressal Forum at Godhra dismissing Complaint Application No. 85/1998 on the ground that there was no ground for filing the complaint after the complainant had received Rs. 2,40,000/- in full and final settlement of the insurance claim presented by the complainant to the opponent Insurance Company on account of loss of insured car due to robbery having been committed on 26th August, 1996.
2. It would appear that the complainant filed the complaint beyond the period of limitation and, therefore, had to move application for condonation of delay which was granted by the learned Forum. But the learned Forum after considering the merits of the case found that there was no reason for the complainant to present higher claim than the one, which was sanctioned by the opponent Insurance Company and accepted by the complainant without demur.
3. We have gone through the impugned order. We have heard the learned Advocates appearing for the parties. In view of the decision of the Hon’ble Supreme Court in the case of United India Insurance Co. Ltd. v. Ajmer Singh Cotton & General Mills & Ors., reported in II (1999) CPJ 10 (SC)=AIR 1999 Supreme Court 3027 holding that when the insured person issued discharge voucher in full and final settlement of his claim his further grievance would be tenable only if he proves that the discharge voucher was obtained by fraud, coercion and/or the like, but the claim was preferred even after the expiry of the period of limitation.
4. In that view of the matter, we find no substance in the present appeal and the same is dismissed with no order as to cost.
Appeal dismissed.
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