NCDRC

NCDRC

RP/4472/2009

LIC OF INDIA - Complainant(s)

Versus

RUMALBHAI PUNJABHAI PARMAR - Opp.Party(s)

MR. SUDHIR KUMAR GUPTA

14 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4472 OF 2009
(Against the Order dated 19/06/2009 in Appeal No. 1198/2007 of the State Commission Gujarat)
1. LIC OF INDIAG-39, New Asiatic Building, Connaught Place,New Delhi-110001 ...........Petitioner(s)
Versus
1. RUMALBHAI PUNJABHAI PARMARResi-Bhaithijwalu Faliyu, At-Alina Ta- Mahudha, KhedaGujrat ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBER
For the Petitioner :MR. SUDHIR KUMAR GUPTA
For the Respondent :NEMO

Dated : 14 Jan 2010
ORDER

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Heard counsel for the petitioner.

          Delay          condoned.

-2-

 

The complaint was dismissed by the District Consumer Forum, which was challenged by the complainant before the State Commission. The State Commission examined the matter and found that the entire case of the Insurance Company was based upon the answers in the form of questionnaire given by Dr. S.N. Patel. The State Commission found that no document or material had been placed in the form of case papers of treatment in support of the answers given by Dr. S.N. Patel to the questionnaire. In fact, the petitioner had filed a medical certificate dated 10.9.2005 from Dr. S.N. Patel. However, it may be noted here that the insured had died on 21.4.2005 and the certificate has been issued after about four months of the death of the insured and no material has been filed in support of the certificate of Dr. S.N. Patel. Even the affidavit of Dr. S.N. Patel was not filed. Taking all these facts into consideration, the State Commission has come to the conclusion that the petitioner Insurance Company had failed to prove the stand taken in order to repudiate the claim. The State Commission has accordingly allowed the complaint directing the petitioner-Insurance Company to pay a sum of Rs.3 lakhs with 9% interest from 19.8.2006 till payment is made as also Rs.1000/- as expenses for the appeal.


-3-

 

In the light of the finding of the State Commission, I am of the view that no case has been made out for interference in the exercise of reivsional jurisdiction as I do not find any material irregularity, illegality or jurisdictional error in the order of the State Commission.

          The revision is accordingly dismissed with no order as to costs.

 



......................JR.K. BATTAPRESIDING MEMBER