STATE CONSUMER DISPUTES REDRESSAL COMMISSION

BIHAR, PATNA

(Appeal No.196 of 2015)

(Arising out of the order dated 21-06-2014 in Complaint Case No. 15 of 2007 passed by the District Consumer Forum, Madhepura.)

National Insurance Company Ltd.,

Regd. Office 3, Middleton Street,

Kolkata Division-3, Shakespeare Sarani,

6^th Floor,Kolkata-71 and another.                                                  Appellants. 

VERSUS

Md. Tahir,

S/o- Late Shekhawat,

At+P.O. +Via- Puraini Bazar,

Madhepura , Bihar and others.                                                       Respondents. 

BEFORE

                                Hon’ble Mr. Justice S.K.Sinha, President 

                                Hon’ble Sri Upendra Jha, ADM(Rtd), Member and

                              Hon’ble Smt. Renu Sinha,Member (F)

ORDER

Date of order:  25-10-2016

S.K.Sinha,President       

                   The appellant- Insurance Company assails the impugned order directing for payment of the  insurance amount of Rs.2,00,000/-(Rupees two lacs only) within three months and on failure interest @ 12 % p.a. shall be payable.

2.                          The Complainant filed complaint claiming the insured amount for the injury sustained by the policy holder who died during the pendency of the complaint case and as such his son Md. Irshad was substituted. It is alleged that the complainant fell down at the door of his house which led to paralysis who subsequently died. As such the complaint entitled to the claim for the insurance amount under Janta Personal Accident Policy in question. The respondent G.T.F.S. filed written statement.

3.                          The District Forum having upon considering the Medical Certificate and prescriptions regarding the medical treatment of the complainant held that death of the Policy Holder was due to the physical injury sustained by him, as such passed the impugned order for payment of the assured amount.

4.                          The appellant submits that Policy Holder sustained injury only to the extained of 60% where as the order is to pay 100% of the policy amount. More so, the injury and subsequent death was not due to physical injury, as such order deserves to be set aside. The counsel for G.T.F.S. submitted that necessary papers were sent to the appellant.

5.                          We have considered the case of the parties and material on the record, as also the impugned order. The evidence on record as considered by the District Forum suggests that the injury leading to death was the result of the incident in question. In view of the above we do not find any reason to take a different view of the matter.

6.                          In the result, the appeal stands dismissed.

Renu Sinha                               Upendra Jha                         S.K.Sinha

Member (F)                               Member (M)                          President

           Anita