SHOBHA VITTHAL DEOKAR & ORS. V/S LIC OF INDIA & ANR. - Consumer Court Case

NCDRC

RP/2260/2010

LIC OF INDIA & ANR. - Complainant(s)

Versus

SHOBHA VITTHAL DEOKAR & ORS. - Opp.Party(s)

MR. KAMAL MEHTA

31 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2260 OF 2010
(Against the Order dated 29/01/2010 in Appeal No. 915/2005 of the State Commission Maharastra)

1. LIC OF INDIA & ANR.Through Divisional Manager, Jeevan Prakash, Gadkari Chowk, Golf Club Ground, Old Agra RoadNasikMaharashtra2. THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA LTD.Chopada Branch, Taluka ChopadaJalgaonMaharashtra						...........Petitioner(s)
Versus
1. SHOBHA VITTHAL DEOKAR & ORS.R/o. Post Karli, Taluka ManoraVashimMaharashta2. KUM RAM VITTHAL DEOKARR/o. Post Karli, Taluka ManoraVashimMaharashtra3. KUM RAM VITTHAL DEOKARR/o. Post Karli, Taluka ManoraVashimMaharashtra4. KUM SWATI VITTHAL DEOKAR, LEGAL REPRESENTATIVES OF LATE SHRI VITTHAL DEOKARR/o. Post Karli, Taluka ManoraVashimMaharashtra						...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER

For the Petitioner :

MR. KAMAL MEHTA

For the Respondent :

NEMO

Dated : 31 Aug 2010

ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended

Highly recommended!

5.0 (615)

Bhanu Pratap

Featured Recomended

Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

PER JUSTICE R.K. BATTA, PRESIDING MEMBER Heard Counsel for the Petitioner. Counsel for the Petitioner has drawn our attention to Page-69 of the record which is a certificate purported to have been issued by Dr. Anil N. Shinde to the effect that the decease was suffering from acute lumbago. The State Commission has held that on careful perusal of the medical certificate filed by the Insurance Company it appears that there is no signature of Dr. Anil N. Shinde on the said certificate. It is crystal clear from the said certificate which is at page 69 that the said certificate is not signed by Dr. Anil N. Shinde and the certificate is counter signed by Resident Medical Officer. We fail to understand as to what will be the value of the certificate issued by doctor who does not sign the same but the same is counter signed by another doctor. Such certificate cannot be accorded any value whatsoever. The State Commission also noticed that no affidavit of the Dr. Anil N. Shine has been filed in order to prove the said medical certificate. The State Commission has given further reasons on account of which the appeal filed by the present Petitioner has been rejected. In view of the above, we do not find that any case has been made out for interference in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality or material irregularity in the orders of fora below. The revision is, accordingly, dismissed with no order as to costs.

......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER