NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
A.P. Sahi, President, Bharatkumar Pandya, Member
Oriental Insurance Company Ltd. – Appellant
Versus
Shahid – Respondent
NC/FA/747/2022 | NC/FA/365/2023
| Table of Content |
|---|
| 1. overview of appeals concerning compensation and delays in insurance. (Para 1 , 2) |
| 2. details regarding the hearing and procedural concerns. (Para 3 , 4 , 5) |
| 3. arguments regarding the amount of insurance compensation. (Para 6 , 7 , 8) |
| 4. issues related to calculations and interest awarded. (Para 9 , 10 , 11) |
| 5. final assessment of compensation and conclusions drawn. (Para 12 , 13 , 14) |
ORDER
1. These two appeals arise out of a common order passed in CC/133/2015 by the State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow. The impugned order dated 06.05.2022 has been assailed by the Insurance Company questioning the correctness of the order whereas the complainant - Shahid has filed the other appeal praying for the grant of the entire relief to the maximum of Rs. 15,00,000/- along with interest as against the total loss of Rs. 16,88,992/-.
2. FA/747/2022 was heard earlier and was admitted on 30.04.2024 and the following order was passed:
"Admit.
Issue notice.
IA/9442/2022 has been filed for condoning the delay in filing the appeal. The Office has reported delay of 118 days in filing the appeal. The impugned order was passed on 06.05.2022 and free copy was supplied on 11.05.2022, while the appeal has been filed on 06.10.2022. In the IA the Appellant has stated that after receiving the certified copy of the judgment, the Appellant has taken opinion from local Counsel and after obtaining the opinion for filing the appeal, it was sent to Head Office, New Delhi only in 1st week of August 2022. The Head Office thereafter appointed a Counsel for the National Commission and papers were handed over to him on 30.09.2022 and thereafter the appeals were drafted and sent for approval of the department and after approval it was received on 30.09.2022 and filed on 06.10.2022. Although, the Opposite Party has filed a reply in the IA and contested the IA, but, the Opposite Party has also filed a cross appeal that is FA/365/2023, looking, into the fact that there is cross appeal, we condoned the delay in filing the appeal. Accordingly, IA is allowed.
The Counsel appearing for the Punjab National Bank states that the Punjab National Bank which was arrayed as Opposite Party No.2&3 in the complaint has been deleted by the order of State Commission dated 14.07.2017. The Punjab National Bank has been wrongly impleaded as Respondent. As Punjab National Bank has already been deleted we direct for deletion of Punjab National Bank from both the Appeals.
List for hearing on 30.07.2024."
3. - Thereafter FA/365/2023 was also connected and was taken up on the same date by the following order:
r "The office has submitted report that the appeal has been filed with delay of290 days. The Appellant has filed IA/3817/2023 for condoning the - delay in filing the appeal. In the affidavit it has been stated that after the judgment dated 06.05.2022, the Appellant has consulted with the Counsel on 02.09.2022, who then advised to file appeal as the entire relief has not been granted to the Appellant, thereafter, he consulted a Counsel in New Delhi, who asked for a translation of the papers which were in Hindi language and thereafter translation has been provided and the appeal has been drafted and filed on
22.03.2023.
Since there is already a cross appeal i.e. FA/74772022, we condoned the delay in filing the appeal.
Admit and connect with FA/747/2022.
Six weeks' time is allowed to the Respondents to file reply in the appeal. Both the Parties may file their written arguments if they want to do so within 6 weeks.
The Counsel appearing for the Punjab National Bank states that the Punjab National Bank who was arrayed as Opposite Party No.2&3 in the complaint has been delated by the order of State Commission dated 14.07.2017. The Punjab National Bank has been wrongly impleaded as Respondent in the appeal. As Punjab National Bank has already been deleted, we direct for deletion of Punjab National Bank from both the Appeals.
List for hearing on 30.07.2024."
4. B



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