Delay of 24 days in filing the revision petition is condoned. New India Assurance Company Limited, petitioner herein, was the opposite party before the District Forum. The dispute involved between the parties is that the complainant and her wife/respondent herein had taken mediclaim policy from the petitioner insurance company. During the currency of said policy, husband of respondent wife developed kidney problem -2- and the claim was lodged with the petitioner for re-imbursement. He applied for renewal of the policy in the year 2003-2004 but the same was not renewed. Husband of the respondent wife filed the complaint before the District Forum. District Forum allowed the complaint vide its order dated 09.11.2006, against which the petitioner filed an appeal before the State Commission. The State Commission dismissed the appeal on 25.1.2007. In the meantime, husband of the respondent filed an Execution Application before the District Forum. Original Complainant/Husband of the respondent wife died on 02.02.2007. Order passed by the State Commission in the Original Petition attained finality. District Forum dismissed the Execution Application vide its order dated 13.9.2007, aggrieved against which the respondent filed an appeal before the State Commission which has been allowed. Contention of counsel for the petitioner that the Decree had become inexecutable, was over ruled. -3- We agree with the view taken by the State Commission. The decree passed against the petitioner is to renew the policy from 2003-2004 onwards by payment of the premium. Respondent had sent a blank cheque on 05.2.2007 for renewal of the policy in terms of the orders passed by the fora below in the Original Petition which was not encashed by the petitioner. We agree with the view taken by the State Commission. Petitioner was bound to comply with the order passed by the District Forum which has been affirmed by the State Commission in the Original Petition. Revision petition is dismissed. No costs.
......................JASHOK BHANPRESIDENT ......................B.K. TAIMNIMEMBER | |