K R JAYARAMKUMAR Vs. NATIONAL INSURANCE CO LTD
LAWS(KERCDRC)-2010-10-5
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 15,2010

K R Jayaramkumar Appellant
VERSUS
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

- (1.) THE order dated 27.1.2010 of CDRF, Palakkad in CC No. 06/2009 is being assailed in this appeal by the complainant who is aggrieved by the dismissal of the complaint by the Forum below.
(2.) THE complainant has approached the Forum stating that he had insured his rubber plantations with the first opposite party National Insurance Company and that he had lodged certain claims before the opposite parties which were not entertained and though he was entitled to get the balance amount of the insurance claims, the opposite parties were reluctant and that the complaint was not heeded by the opposite parties. Alleging deficiency of service the complaint was filed before the Forum praying for directions to the opposite parties to pay the claims made by the complainant.
(3.) THE opposite parties filed versions and on an appreciation of the contentions raised by the opposite parties the Forum below dismissed the complaint which was taken up in appeal by the complainant and this Commission was pleased to remit back the case for fresh disposal after considering the question of limitation (Appeal No. 387/09). The Forum below had reconsidered the matter and by the impugned order the complaint is again dismissed with a direction to the complainant to file fresh complaint. In this appeal the complainant/ appellant who appeared in person has submitted before us that the Forum below had not adverted to his main pleading that the complaint is not barred by limitation as the opposite party had repudiated the claim only on 28.11.2007 and considering the date of repudiation and also considering the fact that the complaint was filed on 9.1.2009. It is also submitted by him that in insurance matters, the date of repudiation is the date of cause of action and the complaint has been filed well within 2 years. It is also his case that the opposite parties usually take 6 to 42 months for processing the claims and in the instant case though he had clubbed 5 claims in one complaint the limitation starts only from 28.11.2007 on which date his claims were repudiated by the Insurance Company.;


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