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2015 DIGILAW 371 (JK)

National Insurance Company Limited v. Gh. Mohammad Dagga

2015-07-29

ALI MOHAMMAD MAGREY, N.PAUL VASANTHAKUMAR

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JUDGMENT : N. Paul Vasanthakumar, J. 1. This appeal is filed against the order passed by the J&K State Consumer Disputes Redressal Commission, Srinagar, dated 15.04.2015, whereby the Commission has directed the appellant to pay additional amount of Rs. 3 lacs to the respondent as compensation. 2. In the complaint filed before the J&K State Consumer Disputes Redressal Commission (for short “the State Commission”) it is stated that an amount of Rs. 2,50,000/- was received by the respondent on 11.10.2014 as full and final settlement of his claim. The learned counsel for the appellants has pointed out that receipt issued to the respondent bears the signatures of the respondent. The receipt nowhere states that the amount is received under protest. Furthermore the respondent has also executed the acceptance letter wherein he has agreed to receive the said amount by specifically stating that he has given consent for settlement of the claim for Rs. 2,50,000/- as full and final settlement. It is not the case of the respondent that such consent letter was given by coercion/fraud/undue influence/misrepresentation and no such plea was made and proved before the State Commission. On perusal of the consent letter also we are unable to see the acceptance of settled amount under protest. Hon’ble the Supreme Court in the decision reported in (1999) 6 SCC 400 (United India Insurance Co. v. Ajmer Singh Cooton & General Mills and ors) has held that discharge voucher having been voluntarily executed and the complainant having not alleged that acceptance was obtained by fraud, misrepresentation, under influence or the like, no further claim can be made. 3. In the light of the said judgment as well as on facts, this appeal is allowed. Further amount other than the amount of Rs. 2,50,000/- , if paid, be released in favour of the appellants.