ORIENTAL INSURANCE COMPANY LTD. Vs. DIPENDER KAUR

JUDGEMENT

(1.) Sh. Jaskender Saini was insured with the Oriental Insurance Company Limited. During the subsistence of the Insurance Policy, the insured passed away on 05.10.2003 in an accident. Smt. Dipender Kaur, his wife filed a claim before the Insurance Company, vide letter dated 05.04.2005. The OP asked the complainant to obtain the Succession Certificate from a court of Law. On 23.12.2005, the petitioner/OP repudiated the claim of the claimant on the ground that the vehicle in question did not stand registered in the name of the deceased on the date of accident. The vehicle was got registered after the death in the name of the deceased on 22.10.2003.

(2.) The complainant accordingly approached the Court of Law and got the Succession Certificate on 22.08.2009. The case was filed within two years from the receipt of Succession Certificate. It is thus apparent that the OP has been harassing the complainant to no end. This is well known fact that the Court Proceedings entail considerable time. The complainant has been running from pillar to post during the span of more than 14 years.

(3.) Under these circumstances, the Consumer Court has the power to exercise suo moto power to condone the delay as per the Supreme Court's authority titled as "Santosh Goyal Versus Union of India & Ors." in Special Leave to Appeal (Civil) No. 12199 of 2013, decided on 06.01.2014. Besides that, the actual time of filing the petition will start from 22.08.2009 only. Therefore, we decide that the case is within time.