1. MR. Vinay Rathore, learned Counsel for the revisionist states that the case is fixed for arguments on 19.4.2004 before the District Forum, Firozabad and the revision was filed in the office on 4.10.2002 but was not listed so far.
2. NORMALLY notice should have been issued in this revision before final orders are passed but the said course is obviated and the revision is being finally disposed of for the reasons stated hereinafter.
It is not denied by the Oriental Insurance Company Limited that the complainant had taken two policies covering two different sets of items after paying separate premiums towards both the policies. A complaint has been filed alleging fire in the factory said to have caused loss. The Insurance Company accepted the claim only to the tune of Rs. 29,136/- whereas the complainant alleged damage to the Plant and Machinery as well as goods and materials which were subject matter of the two respective policies. In the complaint, however, due to the mistake the policy number of one policy alone i.e., 24282/10/91/00337 is mentioned whereas the number of the other policy being 24282/10/91/00099 was inadvertently left out.
The amendment was sought in the complaint which has been rejected by the District Forum, Firozabad under the impugned order.
3. A copy of the objection to the amendment application has been filed which prima facie indicates that the Insurance Company objected to the amendment on the ground of limitation.
Since the incident is one, factory is one and policies are two, interest of justice requires that the second policy should be permitted to be added as a subject matter of the complaint, and, inadvertence on the part of the Counsel is apparent.
4. THE revision is consequently allowed. THE order of the District Forum dated 28.8.2002 is set aside and the amendment application consequently filed before the District Forum is also allowed. THE necessary corrections may be permitted to be made by the District Forum before the argument is heard.
Notwithstanding what has been stated above, opportunity shall be afforded to the Insurance Company to file additional written statement and lead any further evidence in case the parties so desires. Let copy of this order be made available to the parties as per rules. Appeal allowed.
