LAWS(NCD)-2003-11-166

NEW INDIA ASSURANCE CO LIMITED Vs. BALAK RAM

Decided On November 14, 2003
NEW INDIA ASSURANCE CO LIMITED Appellant
V/S
BALAK RAM Respondents

JUDGEMENT

(1.) The claim of the complainant for recovery of Rs.14,000/- (Rupess fourteen thousand only) was lodged for the death of the mule of the complainant, which was insured but the claim was repudiated. The complaint was allowed on 25.8.2000 by Smt. Prabhvati Gaud, Member and Sh. Mangal Singh Panwar, Member of the District Forum. The judgment has not been signed or pronounced by the President of the Forum.

(2.) The judgment was given before the enforcement of the new Act. Under the provisions of the new Act under Sec.22 (d) of the new Act in the absence of the President the senior-most Member can perform the functions of the President and can even sign and pronounce the judgment in that capacity.

(3.) But under the provisions of the old Act under Sec.14 (2) (a) every order made by the District Forum under Sec.14 (1) of the Act shall be signed by the President and at least one member of the Members. On the old cases, only the old Act shall apply and in the year 2000 the judgment could not have been pronounced by the two members only. In the Ruling reported in Budga Ltd. V/s. B. K. Jain, 1991 1 CPJ 50 (NC), the National Commission has held that the provisions of Sec.14 (2) are mandatory and every order passed by the District Forum shall be signed by the President and two members. In the Ruling reported in (NC), National Insurance Co. Ltd. V/s. Khodil Singh, 2003 3 CPJ 185 it was held that when two members of the Commission have signed the order and not by the President that is no order in the eyes of law. The provisions were the same, which shall apply both to the Commission or the District Forum.