NCDRC

NCDRC

RP/3693/2011

ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR. - Complainant(s)

Versus

RAJINDER KAUR - Opp.Party(s)

MR. D. VARADARAJAN

15 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3693 OF 2011
 
(Against the Order dated 29/03/2011 in Appeal No. 632/2010 of the State Commission Punjab)
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR.
Having Its Head Office at ICICI Bank Towers, bandra Khurla Complex
Mumbai
Maharastra
2. M/s ICICI Lombard General Insurence Company Ltd..,
Having Its Branch Office at Ferize Gandhi Market
Ludhiana
Punjab
...........Petitioner(s)
Versus 
1. RAJINDER KAUR
W/o Late Sh Jasbir Singh, R/o H.No-240-AX Model Town Extn
Ludhiana
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. D. VARADARAJAN
For the Respondent :NEMO

Dated : 15 May 2012
ORDER

          Delay condoned.

Counsel for the Petitioner states that the decreetal amount alongwith interest was deposited with the District Forum which has been withdrawn by the Respondent.  Since the decreetal amount has already been paid to the Respondent, the Petitioners do not wish to proceed with the case but maintain that the fora below have mis-interpreted the Clause A of Policy which reads as under:-

The Company will pay the Sum insured if during the Policy Period the insured is found to have a Critical illness contracted during the Policy Period and survives such Critical illness  for at least 30 days from the date of its discovery.”

          In the present case, the insured was died on the day he was taken ill. Prima facie, we find substance in the submission made by the counsel  for  the  Petitioner  but  since  the  Petitioners  do  not  wish  to proceed with the case, we dismiss the Revision Petition leaving the question of Law open.

Order of the State Commission be not taken as a precedent for future reference.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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