NATIONAL INSURANCE CO LTD Vs. RIGHTWAY SHOES

JUDGEMENT

(1.) THROUGH the medium of this appeal, National Insurance Company and another had assailed the correctness of the order dated 21.09.1999 passed by the J&K State Consumers Protection Commission, Srinagar (Commission), whereby a sum of Rs. 3,01,854.00 with 12 % interest effective from 01.03.1991 has been awarded as compensation.

(2.) MR . J.A. Kawoosa, learned counsel appearing for the Insurance Company has challenged validity of the order on twin grounds, firstly that the complaint is barred and secondly the Commission has not appreciated the evidence in right perspective while awarding the compensation to the complaint resulting the order to be bad in law and deserves to be set aside.

(3.) AS regards the first contention raised by the appellants counsel, it is pertinent to point out that the factual matrix of the case has not been disputed by the learned counsel for the appellants during debate. The xerox copy despatched by the Insurance Company to its surveyor by way of reminder dated 18.11.1997 produced while addressing the court during arguments explicitly reveals the claim to be in process on the said date. This correspondence remained unrefuted and undisputed by Mr. Kawoosa, appellants counsel. In such event, he could not effectively justify his plea about the claims of the complainant to be time barred, so as to merit acceptance with the Court.