LAWS(UPCDRC)-2009-4-10

KUSUM MISRA Vs. ORIENTAL INSURANCE CO. LTD.

Decided On April 16, 2009
Kusum Misra Appellant
V/S
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) HEAD Mr. V.S. Bisaria, learned Counsel for the appellant. None has come forward on behalf of the respondents.

(2.) BY means of the judgment dated 17.3.2007, the District Forum, Etawah held that the complaint of the appellant No. 61 of 2005 was not cognizable at Etawah Forum. This conclusion was drawn by the Forum on the ground that the Oriental Insurance Co. had its regional and head office at Firozabad and Delhi. The plea of jurisdiction was raised by the Divisional Manager of the Oriental Insurance Co, Agra. The said plea found favour with the Forum below and resultantly, the complaint of Smt. Kusum Misra was dismissed.

(3.) THE document, on which Smt. Kusum Misra has placed reliance upon it before us. It is the insurance policy issued on 13.3.1997 by the Etawah office. The seal of the Etawah office is clearly visible on the policy, a copy whereof is paper No. 18 on record. It was a Janta Insurance Policy where by Smt. Kusum's husband Mr. B.K. Misra had been insured. His death occurred in Etawah and this incident would have also offered a part of cause of action. In view of the fact that the insurance policy was issued by Mr. U.V. Singh, Development Officer of the Oriental Insurance Co. from his Etawah office, the District Consumer Forum, Etawah was fully competent to take cognizance of the complaint and adjudicate upon it.