Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to the order dated 30/03/2010 passed in consumer complaint No.89/2009, Shri Sanjay V. Vekhande V/s. The New India Assurance Co. Ltd., by District Consumer Forum, Nashik (‘Forum below’ in short). Respondent/org. complainant/Shri Sanjay Vekhande had taken mediclaim insurance policy for himself and his family, which was valid for period 24/04/2008 to 23/04/2009. His daughter Priya was admitted in his own Hospital on 18/06/2008 for “G.B. Syndrome”. She was discharged on 22/06/2008. Insurance claim of `1,37,764/- was made. The same stood repudiated referring to clause 3.6 of the insurance policy since complainant himself was the father and his daughter Priya was treated in his Hospital only. Feeling aggrieved thereby, consumer complaint was filed which stood settled in favour of the complainant and feeling aggrieved thereby, the New India Assurance Co. has preferred this appeal. We heard Mr.Sanjeet Shenoy, Advocate for the appellant and Mr.Ameya Tamhane, Advocate for the respondent. Perused the record. It is rightly pointed out referring to the insurance policy that patient Priya was covering under the mediclaim policy to the extent of `1 Lakh only. Learned Counsel appearing for the respondent conceded to this fact and therefore, the insurance claim awarded exceeding said limit is to be modified. Learned Counsel appearing for the appellant as submitted at the time of argument, restricted the appeal for granting insurance claim beyond `1 Lakh and also to grant for relief of compensation for mental torture. In view of submissions made by both the parties and the documents, we find substance in the contention of the appellant. We limit the award of the claim of insurance to the extent of `1 Lakh. The impugned order is to be modified accordingly. Learned Counsel appearing for the appellant further attacked the impugned order stating that the Forum below arbitrarily awarded compensation of `15,000/- towards mental torture though there is neither proper pleadings or evidence given to justify grant of such compensation. Learned Counsel appearing for the respondent submitted that there is no evidence adduced on that point, but the circumstances per se justify award of such compensation. We are unable to agree with it. When the compensation awarded for alleged mental torture or physical sufferings, these are the conditions personally suffered by the complainant, who ought to have stated something about it. He miserably failed to do it. Therefore, to grant compensation on the basis of hypothesis/presumptions/assumptions will not stand in the eyes of law. Therefore, this part of the impugned order cannot be supported. In respect of other claims awarded i.e. expenses towards notice and cost of `1,000/-, we find no reason to disturb the same. For the reasons stated above, we hold accordingly and pass the following order :- -: ORDER :- 1. Appeal is partly allowed. 2. In operative part of the impugned order, in para 2(a) substitute figure of “`1 Lakh” in place of “`1,32,545/-”. 3. Direction given to pay compensation of `15,000/- towards mental torture is set aside. Rest of the order stands confirmed. 4. In the given circumstances, there shall be no order as to costs. 5. Copies of the order be furnished to the parties. | 
