- (1.) HEARD Mr. H.M. Thakker, learned Advocate for the applicant. By this application, delay of 29 days caused in filing the appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 31.1.2008 rendered in Complaint No. 9 of 2009 by the learned Consumer Disputes Redressal Forum, Bhavnagar is sought to be condoned.
(2.) IN our opinion, before considering the question of condonation of delay, it would be appropriate to consider the prima facie, merit if any, in the appeal, so that the exercise of condonation of delay is not rendered an exercise in futility.
(3.) WE have perused the impugned judgment. It is suggested therefrom and from the submissions of the learned Advocate for the applicant that Vajudanbhai that father of the complainant had obtained a loan for the crop of cotton from opponent No. 4 Cooperative Bank to the tune of Rs. 23,000. Vajudan was having a Kisan Credit Card; that under the subject policy the beneficiary i.e., legal representatives of Kisan Credit Card holder would be entitled to the insurance cover in the event of accidental death to the tune of Rs. 50,000. The said card was effective from 13.5.2002 to 12.5.2003; that on 15.6.2004, Vajudanbhai, while working in his field fell down and sustained injuries in the rear portion of his head. He was taken to the hospital of Dr. R.P. Bhuwa and Vajudanbhai succumbed to the injuries sustained by him. According to the certificate issued by Dr. Bhuwa, the cause of death was C.V. Stroke; that the dead body was taken for post -mortem examination wherein the cause of death shown is cardio respiratory arrest due to intra -cerebral haemorrhage. According to Mr. Thakker, learned Advocate for the applicant, Dr. A.M. Solanki was appointed by opponent Insurance Company. In the submission of Mr. Thakker, the cause of death was cardio respiratory arrest. It will be seen from the certificate issued by Dr. Bhuwa and also Dr. A.M. Solanki appointed by the appellant Insurance Company that the cause of death is intra -cerebral haemorrhage. In the post -mortem, as observed above, the cause of death is cardio respiratory arrest due to intra -cerebral haemorrhage. Thus, it will be seen that the death has occasioned because of intra cerebral haemorrhage resulting into cardio -respiratory arrest. The application for condonation of delay is dismissed as there is no prima facie merit in the appeal and the exercise of condonation of delay would be an exercise in futility.;