28/07/2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.

Heard Mr. G.C. Jha, learned Counsel appearing for the appellant on the petition for condoning the delay of 88 days in filing this appeal and also on merit.

2. He submitted that the Complainant never reported to the Insurance Company about the alleged accident nor filed any copy of F.I.R. or Station Diary/Sanha which was essential for processing the claim.

3. Learned District Forum after considering the respective cases of the parties has inter alia held that the Complainant proved the factum of accident by affidavit, medical papers and the certificate of disability issued by the Civil Surgeon.  Learned Lower Forum further found that Insurance Company did not challenge such Medical documents and the disability certificate.  According to the Complainants Case he was dashed by a Truck on 25.05.2008, due to which he became seriously injured.  Thereafter, he got himself treated in several hospitals including RIMS and Nagarmal Modi Seva Sadan, Ranchi. Inspite of operation and treatment his both legs got paralyzed and he was declared disabled to the extent of 65% of by the Civil Surgeon, Ranchi.

4. The learned Lower Forum has directed the Insurance Company to pay  65% of the insured amount of Rs. 5,00,000/- which comes to Rs. 3,25,000/- and Rs. 10,000/- against mental agony, and Rs. 4,000/-as litigation cost. 

5. Even as per the policy accident inter alia means disability resulting solely and directly from accident caused by external visual and violent means.

6.      After carefully going through the materials available before us, we find that even if the delay in filing the appeal is ignored, there is no reason to interfere with the impugned judgement. Accordingly this appeal is dismissed.

Issue free copy of this order to all concerned for information and needful.

                 Ranchi,

      Dated: 28.7.2014