O R D E R:



Justice Arun Kumar Goel (Retd.) President (Oral)



When hearing in this case commenced, learned counsel for the appellants stated at the bar that his clients could not settle the matter for want of requisite documents, viz. original policy bond and discharge voucher etc. as these were not provided by the respondent. Further according to him earlier claim was made by one Ms. Madhu Sharma, but amount payable under the policy bond was not given to her. She filed a suit in the court at Jamshedpur. This suit has been dismissed on 8.3.2007.

2. In these circumstances according to Mr. Sharma learned counsel for the appellants, that in case the respondent either provides the original policy bond as well as discharge voucher, or in case if the bond is not available, then she furnishes indemnity bond to keep the appellants indemnified at all times in future against a third party claim made against his clients, then they would examine the claim of the respondent in accordance with law and then shall release the admissible amount.

3. In the face of the aforesaid stand on behalf of the appellants, we feel that this appeal needs to be disposed of by directing the respondent to either produce the original policy bond as also execute the necessary discharge voucher. And in case original policy bond is not available with her, then she should furnish requisite indemnity bond undertaking to keep the appellants indemnified at all times in future against any third party claim if it is raised by anyone claiming to be beneficiary under the original policy bond. Order of the District Forum Kangra, Camp at Nurpur in Consumer Complaint No. 203/2007 decided on 17.1.2009 is modified in this behalf. At the same time compensation of Rs. 5,000/- awarded is reduced to Rs. 2,500/-. Appeal stands disposed of subject to these modifications in the impugned order of District Forum below.

All interim orders passed from time to time in this appeal shall stand vacated forthwith.

Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.

Shimla.