NATIONAL INSURANCE COMPANY LIMITED Vs. RAM GOPAL SATAN
LAWS(HPCDRC)-2009-3-7
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 20,2009

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Ram Gopal Satan Respondents

JUDGEMENT

- (1.) WE have heard learned Counsel for the parties and have also examined the record. Petitioner -Insurance Company was set ex parte. And the application for setting aside ex parte proceedings against it, was rejected by District Forum below on the basis of the decision of Hon ble Supreme Court in the case of Jyotsana Arvind Kumar Shah & Ors. v. Bombay Hospital Trust, 1999 3 CPJ 1, as well as of this Commission decision in Revision Petition No . 61/2007 dated 24.4.2008 in the case of United India Insurance Company Ltd. v. Raj Krishan Sharma.
(2.) IT appears that when Revision Petition No. 61/2007 came up for consideration, subsequent decision of Hon ble Supreme Court in the case of New India Assurance Co. Ltd. v. R. Srinivasan was not brought to our notice, situation in this Revision is converse to the one that was before the Hon ble Supreme Court.
(3.) WE are also alive to the situation that looking to the two totally divergent decisions of Hon ble Supreme Court in the above referred cases, the matter has been referred to a Larger bench as per order in Rajeev Hitendra Pathan and Ors. v. Achyut Kashinath Karekar and Anr., 2007 7 SCC 667. Petitioner was set ex parte on 20.10.2008, and application for recall of this order was filed within 30 days of this order. From the facts detailed in the application, we are satisfied that absence on 20.10.2008 of the petitioner was beyond its control. As such this order needs to be set aside. Ordered accordingly.;


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