NATIONAL INSURANCE COMPANY LIMITED Vs. SUKHIRAM SAHU

JUDGEMENT

(1.) AS per case of the respondent No. 1/ complainant before the District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), he was covered by the appellant/Insurance Company under Group Janta Personal Accident Policy and lost his one foot in an accident, when the leg was amputed below the knee joint. Considering this, the District Forum vide order dated 21.9.2010 in Complaint Case No. 15/2010, has awarded amount of Rs. 1,00,000 to the complainant/respondentNo. 1, as per the terms of the policy and Rs. 2,000 as compensation for mental agony and Rs. 1,000 as cost of litigation.

(2.) LEARNED Counsel for the appellant has tried to argue that as the entire leg of the complainant, was not amputed, so the benefits of the policy, cannot be given to him.

(3.) WE do not agree with this argument. The terms of the policy clearly shows that if the insured loose one of his foot, then he is entitled of 50% of the sum assured, which in fact in the policy, was Rs. 1,00,000. Therefore, when one foot was lost by the complainant on account of injury in a road accident, then he was entitled of Rs. 1,00,000 and Insurance Company has committed deficiency in service in not paying that amount.