Labour & Industrial Law


The Regional Manager Central Warehousing Corporation Vs. Ch. Laxminarayana (Decided on 30.03.2011)

Consumer Protection - Medical Claim - Denial - Challenged - Respondent, a retired employee of the Petitioner corporation, preferred a medical bill for Rs. 1,33,678/- towards reimbursement of medical expenses incurred for the treatment of his dependent son - Petitioner rejected said claim on the ground that son of the Respondent took treatment only after the date of retirement of the Respondent - District Forum allowed complaint filed by the Respondent and directed Petitioner to pay Rs. 1,33,678/- along with interest @ 9% p.a. - State Commission dismissed appeal filed against said order - Hence, the instant appeal - Whether order of the District Forum as affirmed by the State Commission could be upheld?

Held, the procedure followed by the opposite parties in the matter of settlement on medical bills submitted by the Respondent for treatment of his son shows that the Petitioner failed to follow the due process of law - The entire enquiry was conducted behind the back of the Respondent - No notice had ever been given to the Respondent - Moreover, Petitioner failed to produce any proof that the son of the Respondent was otherwise employed on the date of treatment - Hence, order of the District Forum did not suffer from any infirmity - Appeal dismissed.

Niranjan Kumar Yadav Son of Shri Mittal Pd. Yadav Vs. National Insurance Company Limited (Decided on 29.03.2011)

Consumer Protection - Vehicle insurance - Repudiation of claim - Challenged - Complainant purchased an impugned vehicle which was insured with respondent (Insurance Company) and was registered in the name of the Complainant - Impugned vehicle was allowed to be used by the local MLA during the elections where the impugned vehicle was attacked and set on fire allegedly by the supporters of another political party - Complainant made a claim under the insurance policy but with futile results - District Forum dismissed appeal filed against said order on the ground that there was a violation of the terms and conditions of the insurance policy relating to the usage of the vehicle - State Commission confirmed the order of the District Forum - Hence, the instant revision petition - Whether order of the District Forum as affirmed by the State Commission could be upheld?

Held, claim of the complainant that the registration of the impugned vehicle was pending before the Registering Authority loses all credibility as it was held by the State Commission that if permanent registration cannot be done for the delay of the office of the registering authority then it must have temporary registration - Complainant failed to show any temporary registration number - Complainant also failed to show any receipt of the application for registration to prove that he had applied for registration before the mishap - Hence, impugned order of the State Commission upheld - Revision petition dismissed.