BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

ATHYDERABAD.

F.A. 1113/2008 Kurnool. 

Between:

M. Narayana

s/o. 

R/o. 4-89,Allur Road

Nandikotkur.                                                                            And

1) 

New India 

HDCP Complex

R.S. Road,Kurnool.

2) 

KurnoolUnionBehind Durga Lodge

N.H-7,Kurnool.                                                                                               

Counsel for the Appellant:                         

Counsel for the Resp:             

                                     CORAM:

&

TUESDAY, THIS THE TWENTY SECOND

Oral Order: (Per Hon’ble Justice D. Appa Rao, President)

1)       

2)                     15.4.2006.           Govt.Hospital, Mahaboobnagar and there after to Govt.Hospital,Kurnool        Govt.Hospital                     

3)                             

4)        

5)         

6)           

7)            Govt.Hospital, and as such       

8)      

9)                  Amputation was done on        

complainant’s name was   Kurnool           Govt.Hospital, Mahaboobnagar, andGovt.Hospital,Kurnool                 intimation.            Kurnool  

10)                GovernmentHospital  We are constrained to observe that                     The fact that the leg of the complainant was amputated, and being to process          

11)     written intimation  

“upon  Unless       

The complainant has furnished the record explaining   

12)     

“To expect a person to immediately first rush to Insurance Company to inform about the accident when his vehicle meets a very serious accident or causing death is too much and is beyond the prudence of common man. In such a situation, the Insurance Company should take a decision in respect of any event or in respect of any eventuality keeping in view the response by a reasonable and prudent man. Every decision taken by the service provider has to be tested on the anvil of the terms of the contract unless the occurrence or the information given by the insurer is found to be afflicted with a

Even otherwise the stipulation of one month   

“In our view the provisions of delay in informing the Insurance Company or lodging the report with the police are of little significance as these are of directory nature and not of the mandatory nature. What is relevant is whether any such accident or occurrence has taken place or not and whether the insured has played fraud or given wrong information to take undue benefit against the insurance policy. Once the report is lodged with the police may be in any form, the Insurance Company is barred from appointing any Investigator to investigate into the fact whether the theft or accident has taken place or not. Under the Code of Criminal Procedure only the police has the authority to investigate into the offence registered under the IPC and nobody else. If the Insurance Companies are allowed to appoint Investigator for going into the truthfulness of the occurrence then there will be two parallel investigations, one by the statutory authority and another by an authority which is incompetent to investigate into a criminal offence. We have also held that Insurance Companies have no option than to accept the report of the police with regard to accident or theft of a vehicle or loss of vehicle by way of any other incident or event.”

13)                 would undoubtedly            

14)      entire record was not submitted          50% permanent disability as this O.P is liable         information as per   

15)        Therefore the complainant was entitled to 50%      

16)                     

1)PRESIDENT 

2)      MEMBER

3)      MEMBER         

*pnr

“UP LOAD – O.K.”