PER JUSTICE J.M. MALIK 1. Counsel for the parties present in both the cases. Arguments heard. It is transpired that the main insurance policy is with the New India Assurance Company. This objection should have been raised at the earliest possible opportunity. The written statement filed by the LIC is conspicuous by its silence. Cases are pending for the last three years. Three years have elapsed and complainant has been harassed to no end. We allow the application and remand the case back to the District Forum subject to payment of Rs. 25,000/- as costs, which will be paid by the L.I.C. to Sh. Suresh Kumar through demand draft, before the next date of hearing. 2. Parties are directed to appear before the District Forum on 05.01.2015. The District Forum will issue notice to the New India Assurance Company, as per Law and hear them on merits alongwith other parties. 3. The Status of Medi Assist India TPA Pvt. Ltd.-OP-2 will remain same. Counsel for the respondent No. 2 in RP/3868/2013 and petitioner in RP/4544/2013, now prays that exparte order against them should be set aside. 4. In the interest of justice, we set aside the ex-parte order subject to payment of Rs. 10,000/- as costs, which will be paid to the complainant Sh. Suresh Kumar through demand draft. 5. The District Forum will proceed further after satisfaction that the above said costs stand paid to the complainant. It will be better if the costs, by both the parties, are paid on the date of hearing before the District Forum, i.e. on 05.01.2015. 6. The matters stand disposed of. Copies of order be given dasti to the parties on 01.12.2014. |