Supreme Court - Daily Orders
L.I.C Of India vs Kiran on 15 March, 2023
Bench: A.S. Bopanna, C.T. Ravikumar
CIVIL APPEAL NO. 5442 OF 2011
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5442 OF 2011
LIFE INSURANCE CORPORATION OF INDIA APPELLANT(S)
VERSUS
KIRAN RESPONDENT(S)
O R D E R
Heard Mr. Kailash Vasdev, learned senior counsel appearing for the appellant as also the learned counsel appearing for the respondent and perused the appeal papers.
Having referred to the documents, we find that in the fact situation arising in the instant case, the ultimate conclusion reached by the National Consumer Disputes Redressal Commission, New Delhi (‘the NCDRC’) is not justified. Though, we arrive at such conclusion and we deem it appropriate to set aside the order passed by the NCDRC, we note that in the instant case, the LIC policy in question which was taken on 04.11.1999 was for a sum of Rs.1 Lakh.
Signature Not VerifiedDigitally signed by GEETA AHUJA Date: 2023.03.17
In that circumstance, though, we hold that 11:07:47 IST Reason: the order of the NCDRC cannot be sustained since a 1 CIVIL APPEAL NO. 5442 OF 2011 meagre sum is involved and payment of same would serve the interest of justice, we direct that the appellant shall pay the said amount as ex-gratia amount to the respondent within a period of four weeks from today so as to render quietus to the entire situation.
Accordingly, the order impugned dated 13.05.2010 is set aside but in the peculiar circumstance with a direction to pay a sum of Rs.1 Lakh as ex-gratia amount to the respondent as indicated above. The amount shall be transferred to the bank account of the respondent, the details of which shall be furnished by the learned counsel for the respondent to the learned counsel for the appellant.
The appeal is accordingly disposed of. Pending application(s), if any, shall also stand disposed of.
.......................J. ( A.S. BOPANNA ) .......................J. ( C.T. RAVIKUMAR ) NEW DELHI 15th MARCH, 2023 2 CIVIL APPEAL NO. 5442 OF 2011 ITEM NO.104 COURT NO.12 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 5442/2011 LIFE INSURANCE CORPORATION OF INDIA Appellant(s) VERSUS KIRAN Respondent(s) Date : 15-03-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. Kailash Vasdev, Sr. Adv.
Ms. Indra Sawhney, AOR For Respondent(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Amit Srivastava, Adv.
Ms. Uzma Qureshi, Adv.
UPON hearing the counsel the court made the following O R D E R The appeal is disposed of in terms of the signed order. Pending application(s), if any, shall also stand disposed of.
(Geeta Ahuja) (Dipti Khurana) Assistant Registrar-cum-PS Assistant Registrar (Signed Order is placed on the file) 3