MAHINDER PAL Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2.8.2005 passed by the District Consumer Disputes Redressal Forum, Sonepat, in Complaint Case No. 455 of 11.9.2003, whereby the complaint filed by the appellant -complainant against the respondent -opposite parties was dismissed.

(2.) PUT shortly, the facts of the case are that the complainant got his truck bearing registration No. HR 46/5660 insured with the New India Assurance Company Ltd., Gohana opposite party No. 2 vide policy No. 75032 for the period 17.11.1999 to 16.11.2000. The said truck met with an accident on 9.4.2000. The truck was being driven by Sumer Singh at the time of accident. F.I.R. No. 27/2000 was registered under Sections 279, 304 -A, I.P.C. with the Police Station, Waghi (Gujarat). Necessary intimation with regard to the accident was given to the opposite parties. A claim of rupees one lac was submitted to the opposite parties by the complainant. But no action was taken by the opposite parties in this regard with the result the claimant served a notice dated 22.4.2003 and another notice dated 16.8.2000, to make the payment of the claimed amount, but finding no response from the opposite parties, he filed the present complaint.

(3.) THE District Forum while dismissing the complaint took notice of the fact that the complainant had earlier filed Complaint No. 300 of 2003 titled as Mohinder Pal v. New India Assurance Co., etc. in which Sh. Daljeet Singh Advocate had represented him. It was also observed by the District Forum that on appraisal of the earlier complaint and the present complaint, it is apparent on record that both the complaints are based on the same cause of action. It was also observed that no permission was obtained by the complainant to file the present complaint and under these circumstances, the present complaint is not maintainable.