RAJNISH TULIN vs NATIONAL INSURANCCE CO LIMITED

THE grievance of the appellant against the impugned order dated 28th July, 2008 passed by the District Forum is that the District Forum has erred in passing the impugned order dated 18. 7. 2008 against the execution petition moved by the appellant that resulted in miscarriage of justice against the appellant and the appellant is deprived from the fruits of the order dated 28. 11. 2007. Impugned order reads as under: "reply filed by OPs, orders stand complied with. Consign. "

FEELING aggrieved, the appellant has preferred this appeal. We have heard the learned Counsel for the appellant. The order which was stated to be complied with is dated 28th November 2007. The operative portion of the order is as under: "as the result of above discussion, we direct OPs to process the complainant''s claim afresh and decide the same on merits within one month from the date of receipt of a copy of this order. For this purpose OPs if so desire, shall collect necessary material from the complainant. The decision taken by OPs on the claim of complainant, under all circumstances, shall have to be conveyed to the complainant within 30 days of OPs having received a copy of this order. Further OPs shall have to pay a sum of Rs. 10,000 as compensation including cost for the harassment caused to the complainant. "

It is contended by the learned Counsel for the appellant that the directions of the District Forum to the respondent was to process the appellant''s claim afresh and decide the same on merits within one month from the date of receipt of the copy of the order and positively convey the same to the appellant within 30 days. However, the same has not been complied with by the respondent.

AS is apparent form the aforesaid order there is no dispute that the observation made by the District Forum was with regard to the processing of the appellant''s claim afresh and decide the same within one month and conveying the same to the appellant within 30 days. However, in the impugned order dated 18. 7. 2008 the District Forum has observed that ''orders stand complied with. Consign. '' On the face of it the impugned order suffers from inherent infirmity as it has not dealt with the main grievance of the appellant with regard to the processing of the claim of the appellant. As such the impugned order is liable to be set aside at the very outset.

IN the result, appeal is allowed, impugned order is set aside and the matter is sent back to the District Forum for giving definite finding with regard to the compliance of the first part of the order by the respondent. Appellant shall appear before the District Forum on 20. 10. 2008 for the aforesaid purpose. Appeal is allowed and disposed of in aforesaid terms.

FDR/bank Guarantee, if any, furnished by the appellant be returned to the appellant forthwith after completion of due formalities.

A copy of the order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.