UNITED INDIA INSURANCE CO. LTD. Vs. E. JAGABANDHU

JUDGEMENT

(1.) The present First Appeal (FA) has been filed by the Appellants against Respondent as detailed above, under Sec. 19 of Consumer Protection Act 1986, against the order dtd. 30/09/2015 of the State Consumer Disputes Redressal Commission ,Odisha, Cuttack, (hereinafter referred to as the 'State Commission'), in Consumer Complaint (CD) no 64/1999 inter alia praying for setting aside the impugned order dtd. 30/09/2015 of the State Commission vide which Appellants have been directed to pay a sum of Rs.2.5 Lakhs towards insurance claim with interest @ 7% p.a. from 18/10/1997 to 25/11/1999 and Rs.3000.00 towards litigation expenses to the respondent within two months.

(2.) While the Appellants were the Opposite Parties (OPs), the respondent was Complainant in the said CD 64/1995 before the State Commission.

(3.) Notice was issued to the Respondent on 19/04/2016. Operation of impugned order was stayed subject to Appellants depositing 50% of the awarded amount with State Commission. A request letter/application dtd. 21/11/2016 was received from the Respondent, stating inter alia that he is suffering from physical illness and financial calamity and can not engage a lawyer to contest the case and also can not appear personally before the Commission. Hence, he is filing this application as a counter reply to FA 142/2016 filed by the Appellants and Commission may accept this and pass appropriate orders. The Respondents has stated that he was having total and permanent loss to his right eye within six months from 1/10/1997, so he is entitled to get the claim of 50% of sum assured of Rs.5.00 lakhs along with interest from date of claim till date of payment. He further stated that he claimed the interest from 18/10/1998 till 25/11/1999 by mistake, now he claims interest from 18/10/1997 till the date of making payment of the claim to him. Appellants filed written Arguments/Synopsis on 1/2/2023. Brief facts of the case, have been mentioned in the order of the State Commission, hence not repeated here.