O.MANJULA Vs. RELIANCE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) This appeal is filed against the order dated 15.6.2009 in CC 164/2009 passed by the DCF III, Hyderabad, where under, the complaint filed against the respondent/ Insurance company was dismissed for default of the complainant.

(2.) The facts of the case disclose that the complainants husband had taken personal accident policy from the respondent/insurance company and that her husband while driving on the road met with an accident and died on 30.11.2007, thereby the complainant filed insurance claim but there was no response at all . So she filed the complaint to adjudicate the matter under the provisions of C P. Act.

(3.) The respondent/OP after receiving notice from the District Forum had appeared through its advocate but not filed any counter. So the complainant was directed to file her affidavit evidence to prove the claim. As the complainant failed to attend continuously for 3 to 4 adjournments, the complaint was dismissed for default. Point for consideration is whether the impugned order is liable to be set aside ? Heard the counsel for the appellant and the respondent.