BHAVNA PLASTICS vs Manager, Oriental Insurance Co. Ltd.

THE appellant is the original complainant who had filed a complaint alleging that he has taken insurance from the opponent that if he is required to pay any compensation the Insurance Company shall discharge that burden. That one of his workmen has met with an accident, took medical treatment and he is suffering from partial disability about 12%. He was required to pay Rs. 8,764.70 and inspite of demand the Insurance Company has not paid this amount, though there was subsisting insurance at the date of accident.

NOTICE was issued to the opponent but the opponent did not file any written statement. The advocate had appeared. The complainant was also not present. Therefore two courses were open to the District Forum - either to dismiss the complaint for default or to decide the same on merits, if there is any evidence. In the instant case there was no evidence except the complaint of the complainant. The other side had not given any version. In these circumstances if the District Forum wanted to decide the issues regarding jurisdiction, the District Forum was obliged to decide the same on the averments made in the pleading, whether the same were right or wrong and if we consider the averments which were made by the complainant to be right, the District Forum had jurisdiction to hear the dispute. The decision of the District Forum, therefore, is erroneous finding is as without any evidence on record. The District Forum has arrived at a conclusion that the complainant is not a consumer. We have, therefore, to set aside the findings given by the District Forum which is not based upon any evidence.

With regard to the observation of the District Forum regarding workmen''s compensation, it also appears to be not founded upon any averment or evidence. The complainant was not aware of such issues since there was no written statement. A Judge, no doubt, can raise a new issue but in that case also the other party should be informed before the decision is given so that he can point out a mistake if any. This point is also suffering from error as stated above. Therefore this decision is hereby set aside. ORDER The appeal is allowed. The decision of the District Forum on both preliminary issues is set aside and the District Forum is directed to hear the case again after giving opportunity to both the parties to adduce evidence or file any additional pleadings and decide the same in accordance with law. The cost will be the cost in the cause. Appeal allowed.