NATIONAL INSURANCE COMPANY LTD Vs. KAILASH CHANDRA MAHESHWARI

JUDGEMENT

(1.) O. P. (National Insurance Company) is the appellant which has preferred the appeal against the order dated 18.7.2003 passed in Complaint Case No.4/2003 whereby and whereunder directed the O. P.-appellant to compensate the complainant the amount of damages as claimed by him.

(2.) The brief fact of the case is that complainant has filed a complaint for settlement of the claim as the truck of the claimant met with an accident. During the pendency of the complaint interlocutory order has been passed by order dated 18.7.2003 on the petitions of both the parties wherein the District Forum has directed the appellant that complainant has complied with supply of all the relevant documents including fitness certificate, therefore, the appellant should settle the claim as claimed for at the earliest. Against this order this appeal has been preferred.

(3.) At the time of argument it was enquired from the learned appellant's Lawyer as to how this appeal is maintainable under Sec.15 of the Consumer Protection Act because the appeal has been preferred against the interlocutory order passed on the petition of both the parties. What was the claim of the complainant, what was the rejoinder of the appellant with regard to the claim, and what has been happened to the claim case is not before us. We are of the view that this appeal is not maintainable and is prematured. As mentioned in the impugned order the District Forum has passed the order dated 14.5.2003 in the complaint case and thereafter both the parties have filed the petition and thereafter the impugned order dated 18.7.2003 was passed. The appeal has not been preferred against the order dated 14.5.2003 nor the copy of the order has been annexed. We are not in a position to know what was the order of the District Forum against the appellant.