BHUPINDER SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED
JAMMU AND KASHMIR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE COMPANY LIMITED
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(1.) THROUGH the medium of this application condonation of delay is sought for filing the revision petition. The relevant facts in brief are that the applicant had filed complaint (No. 65 of 2003) before the learned Divisional Forum, Jammu (hereinafter referred to as Forum) which was dismissed on 12.10.2004 on the ground that there was no agreement of insurance Policy between the applicant and non -applicant. It is inter alia averred in the application that applicant remained sick from 14.9.2004 to 20.4.2005 and could not contact his Advocate about the fate of the case. That after recovering from illness, he on 25.4.2005 applied for having a certified copy of the order which was supplied to him on the same day. That continuous sickness from 14.9.2004 to 20.4.2005 had prevented the applicant from filing the revision petition in time. The allegations made in the application are supported on affidavit and accompanied by a medical certificate.
(2.) IN his objections, the non -applicant has stated that delay has not been explained and the accompanying medical certificate is not on the prescribed form and has not been issued by a competent person. Revision petition is not maintainable as the impugned order is appealable. That alleged sickness relating to high Blood Pressure "infective hepatitis" is not such a disease which could have prevented the applicant to contact his Counsel. That the filing of the revision petition is the result of an after -thought. The attached medical certificate (Annexure A) issued by the Medical Officer, Government Sub -District Hospital, Marh is not a credible document.
(3.) HEARD the arguments.
The learned Counsel appearing for the non -applicant has reiterated the above stated objections in his oral submissions and further stated that there is no merit in the revision petition because there is no privity of contract between the applicant and non -applicant. The accident in question had occurred on 23.11.2002 and insurance policy was transferred later on in the name of the complainant i.e., on 21.4.2003.;
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