DR. B. C. GUPTA, PRESIDING MEMBER (ORAL)

1.       Heard Mr. Ravinder Singh, learned counsel for Oriental Insurance Co. Ltd.. The respondent did not put in appearance despite service of notice upon them.

2.       Vide order dated 19-10-2012 the State Commission dismissed this First Appeal No.A/06/899 filed against  the order dated 29-03-2006 passed by the District Forum, Chandrapur on the ground that non appeared for the appellant insurance company before them.

3.       Mr. Ravinder Singh, the learned counsel for the appellant insurance company stated that Mr. D. N. Kukday, Advocate had written letter dated 29-01-2013 to the insurance company saying that after receipt of papers from the office of the insurance company he had approached the office of Circuit Bench of the State Commission at Nagpur for filing the Vakalatnama. However, he was told by the Registry that the appeals transferred from Mumbai were in packed parcels and the same would be listed after notice to the parties before the Circuit Bench at Nagpur and hence the Vakalatnama should be filed at that time on the date of hearing before the bench. However, after that there was no communication with him regarding the date of hearing. The learned counsel has stated that notice issued by the State Commission for hearing on 04-05-2012 was received by the Divisional Office Chandrapur. However, due to communication gap between Divisional Office, Chandrapur and Divisional Office, Nagpur the counsel could not be informed about the date of hearing and hence he could not appear before the Circuit Bench at Nagpur.

          The matter has been considered in detail. It is made out from the material placed on record that the absence on the part of the petitioner or their counsel before the State Commission was not intentional. In the interest of justice, therefore, the impugned order passed by the State Commission is set aside and the said Commission is directed to hear the appeal filed by the petitioner after giving due notice to both the parties.