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BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION:
ORISSA:CUTTACK.
First Appeal No. 10 of 2011
in the matter of
An appeal under Section 15 of the Consumer
Protection Act. 1986 and Rules framed thereunder
And
!n the matter of
An application challenging the exparte Judgment
dtd. 28.07.2011 passed by the learned District
Consumer Disputes Redressal Forum, Mayurbhanj
in C. D. Case No. 50 of 2008 :
And
in the matter of
Divisional Manager,
National Insurance Co. Ltd., DIViSION -
IIl
8, Indian Exchange Place (Gr. Floor)
Kolkata - 700 001
represented through Officer-in-Charge
Orissa Legal Cell,
Cantonment Road, Cuttack
(Opp. party No. 1 in the Forum below)
...Appellant
- Versus
A dv.
Sri Ananta Kumar Sahu.
S/o. Khageswar Sahu,
At.-Mendhakhai, W.No. 9.
P.O./P S.- Udala,
Dist.- Mayurbhanj.
(Complainant in the Forum below)
1. 2
Branch Manager
Golden Multi Services Clubs of G.T.F.S.,
Balasore, Near Chidiapolo,
AtUP.O./P.S/Dist.- Balasore.
(Opp. party no. 1 in the Forum below)
Respondents
The matter out of which this appeal arises was never
before this Hon'ble Commission in any manner
earlier
21 St. No.
of Order
Date of
Order
Office note as to action (if any),
taken on Order
ORDER wITH SIGNATURE
Dt.20.07.2022
F.A. 590/2011
Ilearned counsel for the appellant is present..
Respondent is absent on repeated calls.
Heard the learned counsel of Appellant at|length.
This is an appeal filed by the insurer (QP. No.1), challenging
an ex-parte judgment for payment of sum assured of Rs. 1 lakh.
is that the
The case of the Complainant/Resppndent
His
Complainaht is the son and nominee of deceased |Usharani Sahu.
deceased fhther Late Khageswar Sahu had obtained an insurance policy
covered
under Group Janata Personal Accidest Insurance Scheme"
along with| Late Usharani Sahu. Late Usharani Sahu, being a member of
Golden Milti Services Club of GTFS, Balasore ohtained the said policy
bearing N). 100300/47/01/9600022/02/96/30307 which was valid from
15-12-200? to 14.12.2017 (Annexure-1 to the complaint petition). The
sum assured under the said policy was Rs.1,00,p00/- for herself and
Rs.1,00,00/- for Khageswar Sahu.
On 09.10.2006, Usharani Sahu died due to a fire accident.
The complainant being the nominee submitted the laim before O.P No.2
OGP-MP-CTCP (FS&CW) 2-1,00,000-29-6-2020
SI. No
of Order
Date of
Office note as to action (if any)
taken on Order
ORDER WITH SIGNATURE
Order
with allfelevant papers on 24.4.2007 for sett|ement of claim. The
Opposite Parties did not settle the claim inspite of several approaches,
hence he fled the case before the learned forum below
The Opposite Party No.1/Appellant No.l did not appear and
was set ex-parte.
The Opposite Party No.2 filed written version denying the
liability o pay any insurance claim. According to O.P No.2, National
Insuranc¢ Co.Ltd. is the insurer and hence is solely liable to pay the
insuranc¢ claim.
After hearing the case, the learned fprum below allowed the
complaint of the complainant and passed ex-parte judgment against O.P
No.l anl directed the O.P No.1,- National Insrance Co.Ltd.
to pay
Rs.1,00,pO0/-, the sum assured, towards insurance claim of the
complaiant along with compensation of Rs. 110,000/- towards mental
agony and harassment and cost of Rs.2,000/- within 30 days from the date
of receipt of the order, failing which the O.P shall pay interest over the
aforesail amount at the rate of 9%% per annum.
2 3
ST. No.
of Order
Office note as to action (f any).
taken on Order
Date of
ORDER WITH SIGNATURE
Order
Challenging the impugned ex-parte order, the appellant-
hw
insurancelcompany
(O.P. No.1) filed the preserft appeal.
During the course of hearing, cousel for the appellant
company submitted that the repudiation of clairn was made with due
regard to the terms of contract of policy. The appellant company was
never notced in the case by the learned forum below and the judgment
was pa
