DEEPAK JAISWAL Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) PETITIONER filed Complaint No. 169 of 2001 before the District Forum, Ambikapur, contending that the Respondent M/s.Oriental Insurance Company had unjustifiably repudiated the claim arising under the Janta Personal Accident Policy for a sum of Rs.1 lakh which was taken by his father, late Murlidhar Jaiswal. By the order dated 6.2.2003 the complaint was dismissed by accepting the contention raised by the Insurance Company that death was due to hypertension, which resulted in brain haemorrhage.

(2.) AGAINST that order, the Petitioner preferred Appeal No. 38 of 2004 before the State Commission, Chhattisgarh. That appeal was dismissed in default. The application for restoration was also dismissed. Hence, the Petitioner has preferred this revision application.

(3.) THEREFORE , in our view, the State Commission, in such cases, ought to have decided the appeal on merits even in the absence of the Complainant. That would have been a rationale and non-technical approach which is the mandate of law.