Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member This is an appeal filed by org. complainant since not satisfied with the part of the claimed awarded in his consumer complaint relating to the medi-claim. It appears that he made a claim of `1,53,611/- and the Forum below considering the material placed before it was pleased to award Rs.80,000/- towards medi-claim policy and `5,000/- as additional compensation and `2,000/- as costs. We have carefully considered the impugned order as well as the material placed before us. Forum below did not accept the case of the Insurance Company about suppression of material fact regarding previous ailment on the ground that the Insurance Company failed to justify such repudiation. Thereafter, coming to the merit of the case, it categorically observed that the complainant had not filed any evidence on the basis of which the compensation could be properly assessed. Therefore, on ad-hoc basis, claim of Rs.80,000/- was awarded. Basically, it is the responsibility of the complainant to establish his case for compensation and the quantum thereof. Since, no material or evidence as required under section 13(4) of Consumer Protection Act, 1986 was placed before the Forum below, what has been awarded by the Forum below cannot be faulted with particularly, in absence of any appeal filed by the Insurance Company. Thus, we find the appeal devoid of any substance and holding accordingly, we pass the following order :- -: ORDER :- 1. Appeal is not admitted and stands dismissed accordingly. 2. No order as to costs. 3. Copies of the order be furnished to the parties. |
