JAIDEV SHARMA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE complainant Jaidev Sharma has claimed a sum of Rs. 12,61,622 from the OPs, on the facts stated, briefly, as under:

(2.) CONSEQUENTLY upon presentation of the complaint notices were issued to the OPs for their presence on 21.8.2009. Perusal of the record shows that on this date Mr. Sukhwinder Singh, Advocate appeared vice Mr. D.S. Chouhan, Advocate for the OPs and sought time to file Power of Attorney as well as written version. The case was adjourned to 4.9.2009. On this date Mr. Sukhwinder Singh, Advocate appeared but did not file written version and sought time. The case was adjourned to 6.10.2009. On this date, Mr. D.S. Chouhan, Advocate appeared for the OPs but written version was not filed. The case was then adjourned to 27.10.2009. On this date nobody appeared for OPs and case was adjourned for order to 23.11.2009. On that date nobody appeared for OP and they were proceeded ex party which means right to file the written version was closed and the case was adjourned for complainants evidences to 10.12.2009. This day Mr. Chouhan appeared for OPs and made a prayer for time to file vakalatnema and an application to set aside the ex party proceedings initiated against the OPs. The case was adjourned to 24.12.2009 and 18.1.2010 and nobody appeared for OPs. On two subsequent dates of hearings i.e. on 5.2.10 and 19.2.2010 Mr. Chouhan, Advocate appeared in a casual manner as he had taken no steps to represent the OPs. On 30.3.2010, the complainant filed three affidavits by way of his evidence and on 21.4.2010 closed his right to lead further evidence. On 21.6.2009, Mr. R.P. Sharma, Advocate appeared for the complainant and his arguments were heard.

(3.) FOLLOWING three points arise for determination in this case: