NCDRC

NCDRC

RP/1413/2010

JAGANNATH BHANUDAS GAWALI - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

MR. AMOL N. SURYAWANSHI

12 May 2010

ORDER

Date of Filing: 13 Apr 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1413/2010
(Against the Order dated 13/11/2009 in Appeal No. 1846/2005 of the State Commission Maharastra)
1. JAGANNATH BHANUDAS GAWALIR/o. Jamb (Budruk), Tq. MukhedNanded(Maharashtra) ...........Appellant(s)

Vs.
1. UNITED INDIA INSURANCE CO. LTD.Through Divisional Manager, Divisional OfficeNanded(Maharashtra) ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENT
For the Appellant :MR. AMOL N. SURYAWANSHI
For the Respondent :NEMO

Dated : 12 May 2010
ORDER

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          State Commission has allowed the appeal filed by the respondents relying upon the judgment of this Commission in “Ajay Kumar Vs. LIC reported in I(2007) CPJ 230 (NC) ,on the ground that the injury suffered by the petitioner was 60% and not ‘total and permanent’. 


-2-

          I have gone through the term of the policy which has been reproduced by the State Commission in para 8 of its order.  As per the terms of the policy, in my opinion the respondent was not liable to pay the amount as the disability suffered by the petitioner was only 60% and not ‘total and permanent’.  Dismissed.

 



......................JASHOK BHANPRESIDENT