RATIRAM Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS is complainant's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 1.8.2007 passed by the District Forum, Dehradun, dismissing consumer complaint No. 49 of 2003.

(2.) IN brief the facts of the case are that the complainant is employed on the post of Constable with Uttarakhand Police. The complainant was insured with the opposite party - Insurance Company and the amount of premium was deducted by his employer from his salary and was being remitted to the Insurance Company. On 18.7.2000, while on duty, the complainant met with a motor accident in Vasant Vihar, Dehradun, in which he sustained grievous injuries and his left hip and right leg sustained fracture. The complainant was treated by Dr. H.K. Johri of Srivastava Orthopaedic Hospital, Dehradun, where he remained admitted from 19.7.2000 to 27.8.2000 as an indoor patient. Dr. H.K. Johri declared the complainant as 40% permanent disabled and a disability certificate showing 40% disability was issued in favour of the complainant by the Chief Medical Officer, Dehradun. The complainant completed all the formalities and lodged the claim with the Insurance Company, but the claim was not settled. On 22.8.2002, the Insurance Company repudiated the claim of the complainant on the ground thathis disability is not of permanent nature and, therefore, he is not entitled to any benefit under the policy of insurance. Thereafter, the complainant filed the consumer complaint before the District Forum.

(3.) THE Insurance Company filed written statement and pleaded that the complainant is entitled to the benefit under the policy only in case of permanent disability and no deficiency in service has been made by repudiating the claim.