Case Note & Summary
The case involves an appeal by Manoj Kumar against TATA AIG General Insurance Company Ltd. and three others. The dispute arose from a complaint filed before the District Consumer Disputes Redressal Commission, Begusarai, Bihar in Complaint Case No. 14 of 2022. The District Commission passed an order on 19.04.2023, awarding compensation of Rs. 3,000 per day from 15.06.2021 till payment. The respondents appealed to the State Consumer Disputes Redressal Commission, Bihar, Patna in Appeal No. 129 of 2023. The State Commission modified the District Commission's order but failed to consider the compensation amount. The appellant then approached the National Consumer Disputes Redressal Commission. The National Commission framed two questions of law: whether the State Commission rightly passed the impugned order and whether the order was illegal for not considering the compensation amount. The National Commission found that the State Commission had not considered the compensation amount of Rs. 3,000 per day from 15.06.2021 till its payment as ordered by the District Commission. Consequently, the National Commission allowed the appeal, set aside the State Commission's order, and remanded the matter back to the State Commission for fresh consideration of the compensation amount.
Headnote
A) Consumer Law - Insurance Claim - Compensation - The State Commission failed to consider the compensation amount of Rs. 3,000 per day from 15.06.2021 till payment as ordered by the District Commission - The National Commission held that the State Commission's order was illegal for not considering the compensation amount - The matter was remanded back to the State Commission for fresh consideration (Paras 1-2).
Issue of Consideration
Whether the Hon'ble State Commission Bihar, Patna has rightly passed the impugned order and modified the order 19.04.2023, passed by the Ld. District Consumer Disputes Redressal Commission, Begusarai, Bihar in Complaint Case No. 14 of 2022 vide impugned order? Whether the impugned order passed by the Hon'ble State Commission Bihar, Patna in Appeal No. 129 of 2023 is illegal, if the Hon'ble State Commission has not considered the order of the compensation amount @ Rs. 3,000/- per day from 15.06.2021 till its payment passed by the Ld. District Consumer Disputes Redressal Commission?
Final Decision
The National Commission allowed the appeal, set aside the impugned order of the State Commission, and remanded the matter back to the State Commission for fresh consideration of the compensation amount.
Law Points
- Consumer Protection Act
- 2019
- Insurance claim
- Compensation
- State Commission's failure to consider compensation amount
