ORIENTAL INSURANCE COMPANY LIMITED Vs. DHARMENDRA KUMAR LALL

JUDGEMENT

(1.) This case arises out of an insurance claim. The complaint was filed before the Rajasthan State Commission claiming a sum of Rs. 17,32,196.75 by the complainant against the Insurance Company. The case was heard on evidence by the State Commission on 28.11.1996. It is recorded in the order sheet "Arguments heard. The case is reserved for orders". The Chairman of the Commission Mr. Justice N.C. Sharma dictated the order disposing of the complaint, signed it and sent it to Mrs. Firoza Bano, another Member of the Commission. It is not known when it was sent to her ? But it appears that Mrs. Firoza Bano on 12.5.1997 wrote on the body of the copy of the judgment sent to her "I do not agree with this judgment. I will write separate judgment. Sd/- Firoza Bano/12.5.1997". There is nothing to indicate that judgment of the Chairman was placed before the third Member Dr. Subhash Purohit. Justice Mr. N.C. Sharma retired from the Commission shortly thereafter and the Commission was re-constituted in September, 1997. Mrs. Firoza Bano on 19.12.1997 wrote a dissenting judgment and sent it to the third Member Dr. Subhash Purohit. No order sheet has been maintained since 12.8.1996 about this case and there is nothing in the order sheet regarding the date of the judgment of Mrs. Firoza Bano. There is also nothing on record to indicate whether the copy of the order passed by the Chairman was at any stage sent to Dr. Subhash Purohit. We called for a report from the State Commission.

(2.) The State Commission also found it difficult to execute the impugned order. In an execution application filed by the complainant before it under Section 25 of the Consumer Protection Act, the Insurance Company made a prayer before it that the execution petition filed by the complainant may be stayed till the final disposal of the appeal pending before this Commission. The State Commission found difficulty in drawing up a decree for execution and was of the view that the alleged order dated 19.12.1997 could not be executed and sought direction from this Commission.

(3.) The State Commission has reported in its order dated 12.5.1998 :