Haryana

StateCommission

A/551/2015

ORIENTAL INSURANCE CO. - Complainant(s)

Versus

NARAIN DASS - Opp.Party(s)

J.P.NAHAR

20 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

          

                                                                    First Appeal No  :   551 of 2015

Date of Institution:  29.06.2015

                                                                   Date of Decision:    20.11.2015

 

 

1.      The Oriental Insurance Company Limited, 80, First Floor, F.I.E, Patparganj, Industrial Area, Delhi – 110092 through its Branch Manager.

 

2.      The Oriental Insurance Company Limited, G.T. Road, Karnal – 132001 through its Branch Manager.

 

3.      The Oriental Insurance Company Limited, G-80, Gupta Market, Main Bazar, Luxmi Nagar, Delhi through its Divisional Manager.

 

          Now all through their Authorized Signatory S.P.Singh, Regional Manager, LIC Building, Jagadhari Road, Ambala Cantt.

                             Appellants-Opposite Parties No.1 to 3

 

Versus

 

1.      Narain Das son of Shri Jagdish Chand, resident of House No.318, New Ram Nagar, Karnal, Tehsil and District Karnal.

Respondent-Complainant

 

2.      Daulphin Touch Net Work Private Limited, A 212 C304, Tirupati Plaza, Street No.1, Shakarpur Delhi 110092 through its Director.

Respondent-opposite party No.4

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member

 

Present:              Mr. J.P. Nahar, Advocate for the appellants.

                             Mr. V.M. Handa, Advocate for the respondent No.1.

                             Mr. Shyam Sunder, Representative on behalf of respondent No.2

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          The Oriental Insurance Company Limited and others-opposite parties No.1 to 3 (for short ‘Insurance Company’) has filed the instant appeal against the order dated April 07^th, 2015 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby complaint filed by Narain Dass-complainant was allowed. The Insurance Company was directed to pay sum insured as per Insurance Policy (Exhibit C-4), that is, Rs.2,50,000/- alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization; Rs.25,000/- on account of harassment and Rs.2200/- litigation expenses to the complainant on account of death of his wife Smt. Sushma. 

2.      Smt. Sushma had purchased Nagrik Suraksha Policy (Exhibit C-4) from the Insurance Company.  The sum insured was Rs.2,00,000/- under Personal Accident and Rs.50,000/- Hospitalization, that is, Rs.2,50,000/-.  She died on June 20^th, 2009. The complainant lodged claim with the Insurance Company but it was not settled. 

3.      Learned counsel for the Insurance Company has challenged the impugned order on the short ground that District Forum fell in error in awarding Rs.50,000/- for hospitalization because deceased was never hospitalized, a fact which has not been refuted.  Since the deceased was not hospitalized, so, question of awarding Rs.50,000/- for hospitalization does not arise.  Thus, the appeal is accepted and the impugned order is modified to the extent that the Insurance Company shall pay Rs.2,00,000/- towards Personal Accident, to the complainant alongwith interest at the rate of 9% per annum from the date of filing of the complaint, that is, September 21^st, 2010 till its actual payment and the remaining amount of Rs.25,000/- towards harassment and Rs.2200/- litigation expenses awarded by the District Forum.

4.      The statutory amount of Rs.25000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 20.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K