HANUMAN POHA INDUSTRIES Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE Revision Petitioner herein filed a » Complaint before the District Forum, Gwalior as Case No. 154/92 on its file, the grievance put forward therein being that a claim preferred by the Complainant before the Respondent -National Insurance Co. was not properly considered by the Insurer and the claim was allowed only in respect of a small portion after rejecting the claim for the balance amount put forward by the Complainant. When the case came up for hearing before the District Forum the complaint was rejected by the Forum on two grounds namely that the District Forum, Gwalior had no territorial jurisdiction to hear the complaint since the cause of action had arisen at a place called Datia, Shivpuri which was outside the jurisdiction of the Forum and secondly that the compensation inclusive of interest claimed in the complaint exceeded the pecuniary jurisdiction of the Forum of Rs. 1 lakh and hence the Complainant was directed to approach only the State Commission with the said complaint.

(2.) THE Complainant thereafter approached the State Commission, Madhya Pradesh at Bhopal with the identical grievance by preferring a fresh complaint. Unfortunately, the State Commission misunderstood the said complaint as an appeal preferred against the aforesaid order of the District Forum and by the order now impugned before us the State Commission purportedly dismissed the appeal on the ground that it was barred by time.