Tripura

StateCommission

A/23/2019

Sri Pijush Kanti Sarkar. - Complainant(s)

Versus

The Branch Manager, HDFC Life. - Opp.Party(s)

Mr. D. Datta, Mr. A. Acharjee

06 Nov 2019

ORDER

The instant appeal is directed against the judgment dated 26.07.2019 passed by the learned District Forum, West Tripura, Agartala in Case No.C.C.45 of 2018 whereby and whereunder the learned District Forum directed the respondent-opposite parties to pay an amount of Rs.30,000/- as cost of medical treatment of the appellant-complainant, Rs.15,000/- for causing mental agony and harassment to the complainant together with Rs.4,000/- as cost of litigation, in total Rs.49,000/- which shall be paid within a period of two months from the date of judgment, failing which the amount of compensation shall carry interest @9% per annum till the amount is made.

Being dissatisfied with the impugned judgment, the appellant-complainant has preferred the instant appeal.

Heard Mr. Arjun Acharjee, Ld. Counsel appears on behalf of the appellant as well as Mr. Sampad Chowdhury, Ld. Counsel appears for the respondent-opposite parties, Insurance Company. Also heard Sri Pijush Kanti Sarkar, appellant-complainant in person, who is a lawyer by profession.

Both the parties settled the disputes outside the Commission and filed a compromise petition wherein it is mentioned that the respondent-opposite parties, Insurance Company will pay an amount of Rs.65,000/- as compensation and cost of litigation within a period of 15 days from today.

We have gone through the terms and conditions as mentioned in the compromise petition as well as the impugned judgment. According to us, the amount awarded by the learned District Forum is lower in side and the amount proposed by the respondent-Insurance Company and accepted by the appellant-complainant would be just and proper.

Hence, the instant appeal is disposed of as per terms and conditions of the compromise petition i.e. the respondent-Insurance Company shall pay an amount Rs.65,000/- to the appellant-complainant, Sri Pijush Kanti Sarkar within a period of 15 days from today, failing which the aforesaid amount shall carry interest @9% per annum till the payment is made. The compromise petition shall be a part of this order.

In the result, the appeal is disposed of as indicated above. No order as to costs. Send down the record to the learned District Forum, West Tripura, Agartala.

Copy of this order be furnished to the Ld. Counsel for the parties.  

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