KIRAN DEI Vs. GOVT OF RAJ

JUDGEMENT

(1.) Heard. THE claim of the appellant, nominee of late Sh. Vijay Singh deceased insured has been rejected by the Forum solely on the ground that the death of the deceased was caused by bite by an insane dog and, therefore, complex and complicated questions were involved in the case which may better be adjudicated upon by a Civil Court in a regular way. We do not think that in the present case any such complex and complicated questions are involved, which cannot be determined within the provisions of C. P. Act, 1986.

(2.) In the result the impugned order is set aside and the case remanded to the Forum with the direction that it would decide the complaint of the appellant within a period of three months from the date of appearance by the parties before it on 23.7.2004. Both the sides shall be given proper opportunity of being heard, fresh notices may be issued by the Forum for procuring the attendance of the complainant before it.