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2.1 The appellant is original opponent and respondent is original complainant before the District Commission. Herein after the appellant and respondent will be referred as per their original status.

Facts of the case of the complainant :

3. The complainant has taken Mediclaim policy known as " Pro Health Product" from opponent, bearing policy no. PROHLR980128302 for time duration 29.08.2018 to 28.08.2019, for the sum insured Rs. 4,50,000/-. By this policy complainant and his wife Ushaben S. Patel were insured.

"28. That the total liability of an insurer cannot go beyond the stipulated sum insured under the policy. In the present case, the Ld. District Commission had passed joint order in CC No. 60/20 and 61/20 fastening total liability under both the complaints to the tune of Rs. 5.66 Lacs. However, the total sum insured opted by the complainant at the time of purchasing the policy was only Rs. 4.5 lakhs. Hence, it is humbly submitted that under no circumstances the company's total liability can go beyond the agreed sum insured under the policy.
29. That the award amount for both the cases is Rs. 3,36,711 + 2,29,897 = Rs. 5,66,608/-. The sum insured was Rs. 4,50,000/-. Hence, there is a difference of Rs. 5,66,608/- - 4,50,000/- = 1,16,608/-."

Further the appellant has given a summary details of the policy in appeal memo at page 5 in para 5. The summary reads as under: 

        Policy No.       PROHLR980128302
        Product          ProHealth-Protect
        Proposer         Shankarbhai D. Patel
        Insured          Shankarbhai D. Patel (Self) Ushaben S. Patel (Wife)
        Policy Period    29-8-2018 to 28-8-2019
        Sum Insured      Rs. 4,50,000/-
        Policy Status    Terminated

7. The above referred amount can be summarized as follows.

The amount awarded by the Ld. District Commission in CC No. 60/20 = Rs. 3,36,711/- 

        in CC No. 61/20 =        Rs. 2,29,897/-
        total amount awarded     Rs. 5,66,708/-
        -amount insured          Rs. 4,50,000/-

        The excess award is Rs. 1,16,608/-.

8. The insurance company is liable to pay the amount as sum insured is Rs. 4,50,000/- thus, claimant is entitled to get only Rs. 4,50,000/- and not the total awarded amount i.e. Rs. 5,66,608/-.