NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUDESH KOHLI

JUDGEMENT

(1.) -THIS appeal has arisen due to the discrepancy in the orders passed by the District Forum. Both the orders are dated 27. 7. 2007. Prior to this an order was passed by the District Forum on 10. 7. 2002 which on appeal was set aside by this Commission vide order dated 20. 2. 2006, with the direction to the District Forum to decide it afresh after specifying the exact amount of compensation. Operative part of the said order was as under: since there appears to be a dispute as to the amount deductible from the alleged claim in terms of the impugned order, we at the outset set aside the said impugned order being ex parte and in view of the controversy raised by the appellant remand the case back to the District Forum for deciding it afresh by awarding the claim for specific amount including the cost and compensation of Rs. 20,000 awarded by the District Forum. The matter shall be decided by the District Forum positively within two months.

(2.) THE impugned orders are dated 27. 7. 2007. Operative parts of these orders are as under:

(3.) AS is apparent from the aforesaid two orders, the only effective order, which has been passed pursuant to the order passed by this Commission is whereby the appellant has been directed to pay Rs. 1,17,000 subject to deposit of salvage and Rs. 10,000 as compensation and Rs. 3,000 as cost of litigation, based on the facts involved for determination in the case.