LAWS(NCD)-2006-7-29

SHAHENN KHAN Vs. ORIENTAL INSURANCE COMPANY LTD

Decided On July 11, 2006
SHAHENN KHAN Appellant
V/S
ORIENTAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties. This Revision Petition is filed against the judgment and Order dated 7.7.2005 passed by the State Consumer Disputes Redressal Commission, Maharashtra in Appeal Nos. 1523 of 2002 and 1523-A of 2002.

(2.) After appreciating the evidence which was produced on record, the District Forum, Aurangabad, by its Judgment and Order dated 23rd July, 2002 allowed the complaint - ADCRF/CDR No. 2 of 2001 filed by the petitioner and directed the Insurance Company to pay the balance amount of Rs. 1,20,500 with interest at the rate of 12% p.a. from 23.3.2000. Against that order the Insurance Company preferred Appeal No.1523 of 2002 praying for setting aside the order of the District Forum. The complainant also preferred Appeal No. 1523-A of 2002 against the order of the District Forum for enhancement of compensation.

(3.) The State Commission allowed the appeal filed by the Insurance Company and set aside the order passed by the District Forum solely on the ground that the complainant had accepted the amount of Rs. 1,49,500 by signing the discharge voucher voluntarily. Against that order, this Revision Petition is filed.