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RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Hon’ble Mr. Justice M.A.A. Khan, President &
Mr. Ratan Prakash, Member
KIRAN DEI—Appellant
versus
GOVT. OF RAJ. & ORS.—Respondents
Appeal No. 1311 of 2002—Decided on 11.6.2004
Counsel for the Parties :
For the Appellant : None.
For the Respondents:Mr. Manoj Sharma, Advocate.
Interpretation of the provisions of the C.P. Act, 1986 in determining the complexity of an insurance claim case.
Headnote:
Insurance - Death by Insane Dog - Interpretation of Provisions of C.P. Act, 1986
Fact of the Case:
The appellant's claim for insurance benefits was rejected by the Forum on the grounds of complexity due to the death being caused by an insane dog.
Finding of the Court:
The court found that the case did not involve complex and complicated questions beyond the provisions of the C.P. Act, 1986, and set aside the impugned order, remanding the case to the Forum for a decision within three months.
Issues: Rejection of insurance claim based on complexity and complications of the case.
Ratio Decidendi: The court interpreted the provisions of the C.P. Act, 1986 and determined that the case did not involve questions beyond its scope, directing the Forum to decide the complaint within the Act's provisions.
Final Decision: The appeal was allowed, and the case was remanded to the Forum for a decision within three months.
Mr. Justice M.A.A. Khan, President—Heard.
The claim of the appellant, nominee of late Sh. Vijay Singh deceased insured has been rejected by the Forum solely on the ground that the death of the deceased was caused by bite by an insane dog and, therefore, complex and complicated questions were involved in the case which may better be adjudicated upon by a Civil Court in a regular way. We do not think that in the present case any such complex and complicated questions are involved, which cannot be determined within the provisions of C.P. Act, 1986.
2. In the result the impugned order is set aside and the case remanded to the Forum with the direction that it would decide the complaint of the appellant within a period of three months from the date of appearance by the parties before it on 23.7.2004. Both the sides shall be given proper opportunity of being heard, fresh notices may be issued by the Forum for procuring the attendance of the complainant before it.
Appeal allowed.
