Shyam Lal Jayaswal v. Branch Manager, Oriental Insurance Company Limited and Another
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Dr. Dhananjaya Y. Chandrachud
- Hrishikesh Roy
- Judgment Date
- 2020-01-08
- Court Decision / Holding
- Appeals allowed. The impugned order of the National Consumer Disputes Redressal Commission dated 6 November 2018 is set aside and the judgment and order of the State Consumer Disputes Redressal Commission are restored. There shall be no order as to costs. No recovery shall be made from the appellant.
- Final Disposition
- Appeals allowed.
Parties to the Case
Appellants / Petitioners
- Shyam Lal Jayaswal
Respondents
- Branch Manager, Oriental Insurance Company Limited
- Another
Legal Representation & Advocates
Counsels for Petitioners
- • Anand Shankar Jha
- • Arpit Gupta
Counsels for Respondents
- • J.P. Sheokhand
- • Prabhat Kaushik
Case Synopsis & Summary
Shyam Lal Jayaswal, owner of a Tata Safari insured with Oriental Insurance, filed a consumer complaint after his vehicle met with an accident on 2 June 2012. The District Consumer Disputes Redressal Forum (DCDRF) allowed the claim in the sum of Rs. 5,38,000 with 6% interest per annum. Both parties appealed; the State Consumer Disputes Redressal Commission (SCDRC) partly allowed the respondents’ appeal, reducing the award to Rs. 4,99,000 with 6% interest. The National Consumer Disputes Redressal Commission (NCDRC) subsequently, in revision, reduced the compensation further to Rs. 3,81,031. The appellant argued that the NCDRC erred in reducing the award since the SCDRC order was not challenged by the respondents, and that the NCDRC had no jurisdiction to alter it; restoration of the SCDRC award would meet the ends of justice. The respondents contended that the SCDRC order had been duly complied with and that recovery of the excess was appropriate. The Supreme Court held that the respondents did not challenge the SCDRC order and that the NCDRC’s revision was unwarranted; it allowed the appeals, set aside the NCDRC order, and restored the SCDRC’s judgment, clarifying that no recovery shall be made from the appellant. The decision underscores respecting the lower forum’s award when not appealed and limits revision. There shall be no order as to costs.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant argued that the NCDRC erred in reducing the award and that since the SCDRC order was not challenged by the respondents, the NCDRC had no jurisdiction to alter it; restoration of the SCDRC order would meet the ends of justice and prevent unwarranted recovery of excess amount; the original amount of Rs. 5,38,000 with 6% interest should be restored.
Contentions of Respondents
The respondents contended that the SCDRC order was duly complied with and that the NCDRC was entitled to direct recovery of any excess; they maintained that the NCDRC’s reduction should stand and that the recovery of the excess amount was appropriate.
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