Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No. 44/2017 ORDER DATED 22nd DAY OF SEPTEMBER, 2018 | | Sri. K.A. Appanna, S/o. K.A. Aiyappa, Aged 25 years, R/o. Kalathmad Village & Post, Virajpet Taluk, Kodagu District. (By Sri.C.Sumanth Palaksha, Advocate) | -Complainant | V/s | The Manager, The United India Insurance Company Limited, 1st Floor, Above Union Bank of India, Ganapathy Street, Madikeri, Kodagu. (By Sri. P.T. Ganapathy, Advocate Advocate) | -Opponent | Nature of complaint | Insurance Claim | Date of filing of complaint | 11/08/2017 | Date of Issue notice | 19/08/2017 | Date of order | 22/09/2018 | Duration of proceeding | 1 year 1 month 11 days |
SRI. C.V. MARGOOR,PRESIDENT O R D E R - This complaint filed by Mr. K.A. Appanna aged 25 years s/o K.A. Aiyappa, resident of Kalathmad Village, Virajpet Taluk, Kodagu District against the opponent United India insurance Company Ltd., Madikeri with a prayer to hold that the act of opponent repudiating the medical claim amounting to deficiency in service and order the opponent to pay Rs.3,00,000/- the amount spent by the complainant for treatment and Rs.25,000/- as compensation for mental agony etc.
- The complainant and his parents have obtained mediclaim policy from the opponent vide policy No.0706032816P117206394 on 24/03/2015 and the same policy was renewed from 24/03/2017 to 13/03/2018 and the sum assured was Rs.3,00,000/- only. That on 30/03/2017 the complainant has met with an accident at Bangalore and was reported to the opponent. The complainant was treated at Hosmat Hospital at Bangalore and thereafter at Vikram Hospital, Bangalore. The complainant was discharged on 22/04/2017.
- The policy obtained by the complainant was a cashless facility. The opponent has failed to respond to the intimation of complainant to extend cashless facility when he was admitted in hospital. Later on the opponent has repudiated the claim on the ground that at the time of accident the complainant was under influence of alcohol. Though the complainant has paid hospital expenses amounting to Rs.5,73,545/- but he restricted his claim to the extent of Rs.3,00,000/- mediclaim policy amount hence, this complaint.
- The opponent after the service of notice appeared through its learned counsel and filed version admitting that the complainant along with his parents have obtained mediclaim policy and the sum assured is Rs.3,00,000/-. Settlement of any claim is subject to terms and conditions and exclusions of policy. The opponent after investigation of the claim of complainant came to know that the complainant was under influence of alcohol at the time of accident. Therefore, the opponent declined cashless facility as it is not liable to make any payment as per exclusion clause 4.9 of the policy. The opponent has given suitable reply to the legal notice dated 10/05/2016 of the complainant. The complainant is not entitled for a sum of Rs.3,00,000/- as per the terms of the policy. On the above grounds, the opponent prays to dismiss the complaint.
- The complainant filed his affidavit evidence and produced Xerox copy of the policy and Xerox copy of the medical bills. That one Umesh Kadarmandalagi, Branch Manager of opponent filed affidavit evidence and marked exhibits R1 to R8 documents. Heard oral arguments advanced by both learned counsels and in addition to that the opponent has submitted written arguments and the points that would arise for determination are as under;
- Whether the complainant proves that repudiation of the medicalim by opponent is illegal?
- To what order?
- Our findings on the above points is as under;
- Point No.1:- In the Negative
- Point No.2:- As per final order for the below
R E A S O N S - Point No.1& 2:-The learned counsel for the complainant Sri. C.Sumath Palaksha vehemently argued that the injuries mentioned in exhibit P6 discharge summary issued by Vikram Hospital, Bangalore is not corroborative to the injuries mentioned in exhibit R2 and R3 hospital records of Bowring and Lady Curzon Hospital, Bangalore and Nimhns Bangalore. Exhibits R2 and R3 does not pertain to the complainant. The doctors who treated the injured at Bowring and Lady Curzon Hospital and Nimhns Bangalore have not taken blood sample to know quantity of blood alcohol content. As against this the learned counsel for the opponent Sri. P.T. Ganapathy submitted that exhibits R2 and R3 pertaining to the complainant and they corroborate the time and place of accident.
- The opponent has not disputed exhibit R1 mediclaim policy issued to the complainant and his parents and it was in force for the period from 24/03/2017 to 23/03/2018. It means on the date of accident i.e. 30/03/2017 the policy was in force. The complainant has heavily relied upon on exhibit P6 discharge summary of Vikram Hospital, Bangalore. According to exhibit P6 the complainant Mr. K.A. Appanna, aged 26 years was admitted as inpatient on 31/03/2017 at 10.59 p.m and discharged on 22/04/2017 at 1.48 p.m. It further reveals that the complainant was met with road accident on 30/03/2017 at 2.30 a.m (midnight) –MLC. According to discharge summary the complainant has suffered left shoulder dislocation, lung contusion, SVT, AF with FUR, Hypotension,Grade I Diffuse Axonal injury, fracture of left 3rd and 4th Rib, chip fracture head of left humerus, bilateral pleural effusion, Acute kidney injury and ASD surgical closure status. It is narrated in the discharge summary that the complainant came to the hospital with history of RTA on 30/03/2017 at 2-30 a.m at Vivekanagar Bus Stand following patient was taken to Hosmat Hospital. Where he was admitted treated on conservative basis later referred to Vikram Hospital for further management. At this stage only we have to refer non production of material document by the complainant i.e., medical records or discharge summary of Hosmat Hospital, Bangalore. Exhibit P6 indicates that the complainant was admitted at Vikram Hospital nearly two days after the accident. It is recorded and admitted that the accident took place on 30/03/2017 at about 2-30 a.m. at Vivekanagar Bus Stand, Bangalore whereas the complainant was admitted at Vikram Hospital on 31/03/2017 at 11 p.m. It means 45 hours after the accident. The medical records of Hosmate Hospital are necessary to compare exhibits R2 and R3 medical records of Bowring and Lady Curzon Hospital and Nimhns Bangalore since the complainant denied that they are not pertaining to him.
- Exhibit R2 referral letter dated 30/03/2017 issued by Bowring and Lady Curzon Hospital, Bangalore recorded the patient name as unknown, aged 36 years male and date of admission 30/03/2017. History and clinical findings that the patient was riding two wheeler near Honnarpet Bus Stand, Vivekanagar, Bangalore on 30/03/2017 at 2.00 a.m brought to our hospital by Ambulance driver. The patient was conscious and not oriented, alcoholic smell, + gait – unsteady. The patient has cut lacerated wound over chin 5 x 2 cm, cut lacerated wound over right fore- arm 4x2 cm and not able to move. It is further recorded that they have diagnosed RTI head injury and referred to Nimhns to rule out head injury. It is further recorded that investigation not done as patient is uncooperative. Exhibit R3 Nimhns Hospital medical record discloses the name as Appanna, aged 26 years referred from Bowring Hospital and date and time of examination 30/03/2017 at 4 a.m. At Nimhns the patient was thoroughly investigated and doctors have recorded at page No.2 of the record under heading Varbel response score as patient is under influence alcohol. They have recorded eyes opening score E 3, motor response score m6 total 13/15. On page no.3 the clinical impression is that mild head injury. Exhibit R3 reveals that the patient was referred back to general hospital for further management and observation with a direction to refer back the patient in case of any neurological deterioration. Doctors who treated the patient sent back the patient on 30/03/2017 at 7-10 a.m.
- The name of complainant is clearly recorded in exhibit R3 Nimhns Hospital as Appanna aged 26 years. Even in exhibit P6 discharge summary of Vikram Hospital the name of complainant mentioned as K.A. Appanna, 26 years. The place of accident mentioned in exhibit P6 discharge summary of Vikram Hospital and Bowring Hospital exhibit R2 is one and the same. According to exhibit P6 and exhibit R2 the date, time and place of accident is 30/03/2017 at about 2.00 a.m near Vivekanagar Bus Stand, Bangalore. The injury mentioned in exhibit P6 and exhibit R3 are one and the same as the complainant has sustained minor head injury. The complainant was immediately brought by an Ambulance driver to Bowring and Lady Curzon Hospital on 30/03/2017 at about 2.00 a.m. i.e. after the accident. Therefore, the Doctor has recorded the patient name as unknown aged 36 years. In exhibit R2 the Medical Officer who treated the complainant has approximately recorded the age 36 years and none disclosed the name of patient who brought by an Ambulance driver. Contrary in exhibit R3 the name of patient and his age is recorded as the patient/ complainant recovered to some extent and disclosed his name and age as such it has been correctly recorded in Nimhns records.
- The complainant who disputing exhibits R2 and R3 would have produced Hosmat Hospital records as the complainant said to have taken treatment first at Hosmat Hospital. If the records of said hospital were produced it would have disclosed the real truth where the complainant took treatment immediately after the accident as the complainant was admitted in Vikram Hospital as per exhibit P6 nearly 45 hours after accident. The complainant has intentionally withheld the medical records of the Hosmat Hospital, Bangalore.
- Exhibits R2 and R3 show that the complainant was under the influence of Alcohol at the time of accident which has taken place on 30/03/2017 at about 2.00 a.m. near Vivekanagara Bus Stand, Bangalore. Learned counsel for the complainant has produced literature with regard to blood alcohol content and the legal drinking limit. According to this literature blood alcohol content is the amount of alcohol present in a volume of blood equal to 100 mili liters (ml) or its equivalent of one deciliter (dl). For example 8 mg is 0.08 grams. It is further stated that when alcohol is consumed and absorbed in to the blood stream, it travels directly to the brain, affecting many cognitive function and the ability to perform physical tasks. Drinking skills can be impaired long before someone reaches the legal limit, but at 0.08 the risk of having a vehicle crash increases dramatically. The national high way traffic safety administration list this effect on driving at different blood alcohol content levels at 0.02 BAC you are likely to feel relaxed and have some loss of judgment not able to quickly track the movements of other vehicles, pedestrians or animals. You loss some of your abilities to do two things at once, so you are more likely distracted. At 0.05 BAC made to begin exhibit loss of small muscle control such as being able to focus your eyes and you can have lowered alertness. You have even worse ability to track moving objects. At the legal level of 0.08 you will usually exhibit poor muscle co-ordination, loss of balance, slower reaction time, slurred speech, loss of acuity in vision and hearing, difficulty in detecting danger and impaired judgment, self control, reasoning and memory. When driving, you have difficulties in speed control and in recognizing and reacting to signals and emergency situation. All of these impairments result in an increased risk of injuries in general, and particularly
those related to the operation of a motor vehicle. - Exhibits R2 and R3 medical records speaks that the complainant was under the influence of alcohol riding two wheeler and at about 2.00 a.m near Vivekanagar Bus Stand, Bangalore met with accident. Though Medical Officer has not tested blood alcohol content. Doctor at Bowring Hospital at 2 a.m. and the Doctor at Nimhns at 4 a.m. found that the complainant was under influence of alcohol. Therefore, the medical records are sufficient to believe that the complainant was driving two wheeler under the influence of alcohol as a result he met with an accident. In the foregoing paragraph it is observed that the complainant has intentionally withheld the medical records of Hosmat Hospital, Bangalore where he said to have taken treatment after the accident to know from which hospital he was referred or where he earlier took treatment. Clause 4.9 of exhibit R1 policy says that the Insurance company is not liable to make any payment under the policy in respect of expenses whatever incurred by the insured/ complainant if the insured was using intoxication drugs/ alcohol. The opponent after going through the medical records of the complainant has rightly repudiated the claim since he met with accident when he was under the influence of alcohol. We do not find any illegality in repudiating the medicalim of the complainant. Accordingly, we proceed to pass the following;
O R D E R - The complaint filed by Mr. K.A. Appanna s/o. K.A. Aiyappa fails hence, it is dismissed without cost.
- Furnish copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 22nd day of SEPTEMBER, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |