NCDRC

NCDRC

RP/2875/2007

UNITED INDIA INSURANCE CO. LTD - Complainant(s)

Versus

CHUNNI LAL PODDAR - Opp.Party(s)

MR. A. K. DE

08 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2875 OF 2007
 
(Against the Order dated 21/05/2007 in Appeal No. 2858/SC/2002 of the State Commission Uttar Pradesh)
1. UNITED INDIA INSURANCE CO. LTD
THROUGH ITS DEPUTY MANAGER, REGIONAL OFFICE - 1, KANCHANJANGHA BUILDING,
18 - BARAKHAMBHA ROAD,
NEW DELHI - 01
...........Petitioner(s)
Versus 
1. CHUNNI LAL PODDAR
SMT. SUNITA DEVI PODDAR, 7/107,
SWAROOOP NAGAR,
KANPUR
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. A. K. DE
For the Respondent :NEMO

Dated : 08 Nov 2011
ORDER

United India Insurance Company Limited, petitioner herein, was the opposite party before the District Forum.

          Respondent had taken a mediclaim policy for a sum of                   Rs.1 Lac.  Respondent got severe pain in his chest and consulted his physician and the Director of LPS Institute of Cardiology, Kanpur.  He was advised to visit the Escorts Hospital, New Delhi for checkup.  Respondent visited the Escorts Hospital and took treatment.  He

-2-

incurred an expense of Rs.1,30,000/-.  Respondent lodged the claim with the petitioner insurance company which was repudiated.  Being aggrieved respondent filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay Rs.1,37,430/- to the respondent along with costs of Rs.500/- within one month, failing which the petitioner was to pay the awarded amount along with interest @ 10% p.a.

          Petitioner as well as the respondent filed separate appeals before the State Commission which has dismissed both the appeals.

          Respondent accepted the order of the State Commission whereas the petitioner being aggrieved has filed the present revision petition.

          Learned counsel appearing for the petitioner states that as per insurance policy, the sum assured was Rs.1 Lac and there was no justifiable ground for the fora below in awarding Rs.1,37,430/-.  We find substance in this submission.  Since the insured amount was Rs.1 Lac, the fora below have erred in awarding Rs.1,37,430/-.  Accordingly, the awarded amount is reduced to the assured sum of Rs.1 Lac with interest @ 10% p.a.

-3-

          While admitting the revision petition, execution of operation of impugned order was stayed subject to petitioner’s depositing the sum of Rs.1 Lac along with interest within 4 weeks before the District Forum.  Respondent was put at liberty to withdraw the same by executing Personal Bond. 

          Counsel for the petitioner states that the sum of Rs.1,44,949/- has already been paid to the respondent. 

          Revision petition is disposed of in above terms.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.