ORIENTAL INSURANCE CO LTD Vs. SODAGER SHOW ROOM

JUDGEMENT

(1.) ON his claim before 2nd respondent, the first respondent was awarded interest of 9% p.a, on allegedly a settled Insurance amount of Rs. 171041/ - which he disputed as not being finally settled, as claimed by the insurance company. Both, he, and the company filed cross appeals against the award before respondent no. 3 first respondent on the ground that his signature on discharge voucher reflecting his admission regarding settlement of his insurance claim at Rs. 171041/ - was obtained and got signed by him under duress; and the petitioner company on the ground that principal amount having been accepted by first respondent in final settlement, he was not entitled to interest, allowed thereupon. The 3rd respondent rejected both the Appeals and maintained the award.

(2.) AGGRIEVED thereby, petitioner -company impugns the same through this petition on the ground, that in view of law declared by Apex court, the first respondent could not lay any further claim after having signed the discharge voucher for the amount allowed by the company on his Insurance claim in total satisfaction thereof, and that both the Fora below failed to appreciate that position of law even after noticing the judgments and acknowledging that discharge voucher was so signed by first respondents. During course of submissions petitioners counsel has reiterated the aforesaid grounds with reference to certain precedents, while respondent is not present to be heard.

(3.) THE writ petition stands admitted vide order dt. 25.08.2004, whereafter notices were served through registered post to respondents, but on 25.4.05 this court while observing that respondents 2 and 3 need not be served directed service upon first respondent through process serving agency of the Pr. District Court, in response whereto, he appeared before the Registrar Judicial on 8.7.2005, but thereafter absented and did not appear on the subsequent date of hearing i.e. 5.8.05, 20.10.05 and 19.11.05 while matter was listed before the bench. Accordingly, in view of his total default, the first respondent is proceeded against in ex -parte, and the matter taken up for final disposal.