State Consumer Disputes Redressal Commission
N I A Co.Ltd vs Smt. Sharda Sharma on 7 February, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/1491/2017 (Arisen out of Order Dated 04/07/2017 in Case No. C/255/2013 of District Ghaziabad) 1. N I A Co.Ltd 38 Navyug Market Distt. Ghaziabad ...........Appellant(s) Versus 1. Smt. Sharda Sharma W/O Late Sri Y.K. Sharma R/O Vill. and Post Raispur Distt. Ghaziabad ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 07 Feb 2018 Final Order / Judgement
ORAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 1491 OF 2017 (Against the judgment/order dated 04-07-2017 in Complaint Case No.255/2013 of the District Consumer Forum, Ghaziabad) The New India Assurance Co. Ltd.
38 Navyug Market Ghaziabad District Ghaziabad ...Appellant Vs. Smt. Sharda Sharma W/o Late Y K Sharma R/o Village and Post Office Raispur District Ghaziabad Kumari Shaily Sharma D/o Late Y K Sharma Minor through mother Smt. Sharda Sharma R/o Village and Post Office Raispur District Ghaziabad Kumari Prashika Kaushik D/o Late Y K Sharma Minor through mother Smt. Sharda Sharma R/o Village and Post Office Raispur District Ghaziabad Prashant Kaushik S/o Late Y K Sharma Minor through mother Smt. Sharda Sharma R/o Village and Post Office Raispur District Ghaziabad ...Respondents BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT For the Appellant : Sri Waquar Hashim, Advocate.
For the Respondent : Sri Pratul Srivastava, Advocate. Dated : 07-02-2018 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT
This is an appeal filed before State Commission under Section-15 of the Consumer Protection Act 1986 against the judgment and order dated 04-07-2017 passed by District Consumer Forum, Ghaziabad in :2: Complaint Case No.255 of 2013; Smt. Sharda and 3 others V/s Manager, New India Assurance Company Limited whereby District Consumer Forum has passed following order in Hindi.
'' परिवादिनी का परिवाद स्वीकार किया जाता है। विपक्षी को आदेशित किया जाता है कि वह बीमा क्लेम धनराशि 1,50,000/- रूपये 06 प्रतिशत ब्याज सहित क्लेम निरस्तीकरण की दिनांक से अदायगी की दिनांक तक परिवादिनी को 60 दिन के अन्दर अदा करें। विपक्षी परिवादिनी को हर्जे के रूप में 10,000/- रूपये तथा वाद व्यय के रूप में 5,000/- रूपये 60 दिन के अन्दर अदा करें। '' Feeling aggrieved with the judgment and order of District Consumer Forum opposite party of complaint who is Insurance Company has filed this appeal.
Learned Counsel Mr. Waquar Hasim appeared for appellant.
Learned Counsel Mr. Pratul Srivastava appeared for respondents.
I have heard learned Counsel for the parties and perused impugned judgment and order as well as records.
Admittedly Mr. Y K Sharma husband of complainant No.1 and father of complainants No.2 to 4 had taken mediclaim policy of appellant/opposite party and died on 06-10-2008 during validity period of policy. The appellant Insurance Company has repudiated claim preferred by respondent/complainant on the ground that the insured had obtained policy by concealment of pre-existing disease.
It is contended by learned Counsel for the appellant that the insured had concealed pre-existing disease and obtained policy by suppression of material facts. Appellant has rightly repudiated claim of respondents. The judgment and order passed by District Consumer Forum is erroneous and against law.
It is further contended by learned Counsel for the appellant that the assured amount of policy is Rs.1,00,000/- only. Therefore, the District Consumer Forum has wrongly ordered payment of Rs.1,50,000/- against :3: assured amount of policy.
It is further contended by learned Counsel for the appellant that the compensation of Rs.10,000/- awarded by District Consumer Forum is unjust.
It is contended by learned Counsel for the appellant that the claim has been repudiated on 28-10-2009 by appellant whereas complaint has been filed in year 2013. Therefore District Consumer Forum has committed error in awarding interest from the date of disposal of claim by appellant Insurance Company.
Learned Counsel for the respondent has conceded that assured amount of policy is Rs.1,00,000/- only. Learned Counsel for the respondent has supported impugned judgment and order passed by District Consumer Forum subject to above admission.
I have considered the submissions made by learned Counsel for the parties.
Appellant Insurance Company has failed to show any evidence, document or material to hold that the insured had pre-existing disease of diabetes and has concealed it. The finding recorded by District Consumer Forum on this issue is correct. No interference is justified.
Admittedly assured amount of policy is Rs.1,00,000/- only. The order passed by District Consumer Forum is liable to be amended accordingly.
Respondents are awarded interest on assured amount therefore compensation of Rs.10,000/- awarded by District Consumer Forum should be set aside and interest should be awarded from the date of complaint.
In view of above appeal is allowed partially. The judgment and order of District Consumer Forum is modified and appellant Insurance Company is ordered to pay Rs.1,00,000/- to respondents with interest at the rate of six percent per annum from the date of complaint till date of payment. Appellant shall also pay Rs.5,000/- cost awarded by District Consumer Forum to respondents.
Rs.10,000/- compensation awarded by District Consumer Forum is set aside.
In appeal parties shall bear their own costs.
Rs.25,000/- deposited under Section-15 of the Consumer Protection :4: Act 1986 in appeal by appellant shall be remitted to District Consumer Forum alongwith interest accrued for disposal in accordance with this judgment.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN ) PRESIDENT Pnt.
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT