State Consumer Disputes Redressal Commission
Religare Health Insurnce Co. Ltd. ... vs Shivram Meena S/O Panchu Ram Meena on 3 April, 2018
Daily Order BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1 FIRST APPEAL NO: 1009/2017 Religare Health Insurance Co.Ltd. through Br.Manager Br.Office 701, 7th floor, Trimurti Vijay Citi point, Ashok Marg, Ahinsa Circle, C-Scheme,Jaipur & ors. Vs. Shivram Meena s/o Panchuram Meena r/o Randa Wali Dhani, Chak Kalikhaad Post Thumdi, Tehsil Nangal Rajavataan Distt. Dausa. Date of Order 3.4.2018 Before: Hon'ble Mrs. Justice Nisha Gupta- President Mr. Prakash Sharma counsel for the appellant Mr.Gopal Shastri counsel for the respondent BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):2
This appeal is filed against the order passed by the District Forum, Dausa dated 5.7.2017 whereby the claim is allowed against the appellant.
The contention of the appellant is that permanent disability certificate is forged one hence, the claim is not payable.
Per contra the contention of the respondent is that claim has rightly been allowed and there is no merit in this appeal.
Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.
There is no dispute about the fact that the respondent has rest his claim on the permanent disability certificate no. 60 dated 2.5.2016.
The contention of the appellant is that the certificate is forged one and there is over writing on the date. The bare perusal of the certificate goes to show that at one place there is over writing on the date and year but at two places date is clearly written as 2.5.2016.
3The other contention of the appellant is that investigator has received the information under the Right to Information Act wherein the disability certificate has not been entered into the relevant register, hence, it may be presumed to be forged one. The investigator has asked the copy of the register from District Medical Officer, District Hospital, Dausa whereas the certificate has been issued by the Medical Board under the Disability Act, 1995 and the investigator has not tried to investigate the matter from the concerned doctors who were members of the medical board and further more the copy of the certificate has not been asked for under the Disability Act. In the light of above it can very well be concluded that the investigator has not investigate the matter at the right place and further more no affidavit of the investigator has been submitted in support of the report and the Forum below has rightly held so.
In view of the above, there is no merit in this appeal and liable to be dismissed.
(Nisha Gupta) President nm