Haryana

StateCommission

A/1588/2017

MASTER CHIRAG - Complainant(s)

Versus

STAR HEALTH AND ALLIED INSURANCE CO. - Opp.Party(s)

22 Jul 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA   

 

                                                 

                                                First Appeal No.1588 of 2017

                                                Date of the Institution: 21.12.2017

                                                Date of Decision: 22.07.2019

 

 

Master Chirag, aged 17 years minor son of Shri Rajesh Kumar son of Shri Ram Avtar Gupta, through his father Rajesh Kumar, resident of Alampuria Bhawan, Opposite Agarsain Bhawan, Tosham, Tehsil Tosham, District Bhiwani.

 

 

…..Appellant-Complainant

 

VERSUS

 

1.      Star Health and Allied Insurance Company Limited, 3^rd floor, Ashok Plaza, Delhi Road, Rohtak, through its GM/MD.

 

2.      Branch Office of Star Health and Allied Insurance Company Limited, Co. Shop No.12, 1^st Floor, City Mall, Bhiwani, through its Branch Manager.

 

…Respondents-Opposite Parties

 

 

 

 

CORAM:    Hon’ble Mr. Justice T.P.S. Mann, President.

                   Shri Diwan Singh Chauhan, Member.

 

 

               

                                     

Present:-    Shri S.K. Bhoria, counsel for the appellant.

                   Shri Ravinder Arora with Shri Rohit Goswami, counsels for the respondents.    

                  

 

                                                O R D E R

 

 

T.P.S. MANN, J.  

 

          Complaint filed by the complainant-appellant under Section 12 of the Consumer Protection Act, 1986 was allowed by the learned District Consumer Disputes Redressal Forum, Bhiwani, whereby the opposite parties-respondents were directed to pay Rs.39,081/- along with interest @ 8% per annum from the date of filing of the complaint till the date of payment to the complainant. The order was to be complied with by the opposite parties within 60 days from the date of passing of the order.

2.      In the instant appeal, the appellant-complainant has sought enhancement of the amount awarded to him by the learned District Forum. He has also prayed for grant of compensation of Rs.1 lakh towards litigation expenses along with interest @ 18% per annum.

3.      Though the appellant had submitted bills for a total amount of Rs.58,000/- spent by him on his treatment, transportation etc. yet in view of the maximum quantum of liability under the terms and conditions of insurance policy, he was entitled to collect a sum of Rs.39,081/- only, which amount has already been ordered to be paid to him by the respondents.  As such, no case is made out for enhancing the amount granted to him by the learned District Forum.

4.      At the same time, the appellant was entitled to compensation for mental agony and harassment and also litigation expenses. After going through the facts of the case and hearing learned counsel for the parties, the State Commission is of the considered view that the appellant is entitled to receive an amount of Rs.15,000/- as compensation for mental agony and harassment and Rs.2,000/- as litigation expenses.

5.      Resultantly, the amount of Rs.39,081/- awarded by the learned District Forum to be paid to the appellant along with interest @ 8% per annum is upheld. However, the appellant is granted an amount of Rs.15,000/- as compensation for mental agony, harassment and Rs.2,000/- as litigation expenses. The aforementioned two amounts totaling Rs.17,000/- be paid by the respondents to the appellant within three months from today or else the respondents shall pay interest @ 9% per annum on the said amount from the date of present order till its realization.

6.      The appeal is accordingly allowed to the extent indicated above.

       

Announced 22.07.2019

(Diwan Singh Chauhan) Member

(T.P.S. Mann) President

D.R.