(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) The appellant and respondent are remaining absent in spite of notice published on notice board of the Commission and the Bar and on internet. Beside this, by way of abundant precaution, separate intimation by post was sent on 17/07/2011. Today, both the parties remained absent. Under the circumstances, we prefer to go through the appeal on merit.
(2) This appeal takes an exception to an order dated 29/03/2001 in Consumer Complaint No.254/94, Dr. Arvind Kailas Takale Vs. 1. New India Assurance Co.Ltd. & ors., passed by District Consumer Disputes Redressal Forum, Raigad at Alibag (‘Forum’ in short). The forum upheld the claim and directed insurance company to pay compesation of `1.9 lac. The appellant insurance company feeling aggrieved thereby preferred this appeal.
(3) The insurance claim was pertaining to alleged damage occurred to sonography machine on 21/10/1993 and insurance company came with the case that the said risk was not covered and even returned the premium for renewal. It is case of the respondent/complainant that while renewing the policy in respect of sonography machine w.e.f.01/07/1993, he had specifically asked for an additional coverage of Electrical & Mechanical & transit insurance with no exclusion clause. As per his own statement, then manager did not accept the same and even new policy was not issued. The premium for renewal was returned. With these facts, repudiation of the insurance claim by the insurance company cannot be faulted with. Approach of the forum, therefore, is erroneous and, thus, they have arrived at a wrong conclusion. Mere acceptance of premium does not mean that the terms & conditions which the complainant asked for were accepted. In fact insurance company specifically informed the complainant about their disagreement and returned the premium. Under the circumstances, the appeal is to be allowed. We hold accordingly and pass the following order.
ORDER
(1) Appeal is allowed.
(2) Impugned order dated 29/03/2001 stands set aside and in the result the consumer complaint No.254/1994 stands dismissed.
(3) In the given circumstances, both the parties to bear their own costs.
Pronounced on 19th March, 2012.
