ORIENTAL INSURANCE COMPANY LIMITED Vs. MUSLIM

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 17.12.2003 in Complaint No. 89/2001 by District Consumer Disputes Redressal Forum, Ambikapur (hereinafter called the District Forum for short) directing the appellant to pay Rs. 3.00 lacs to the complainant, with interest thereon.

(2.) UNDISPUTABLY , the complainant/respondent had obtained Janta Personal Accident Policy from the appellant/insurer under which Rs. 3.00 lacs were payable in case of total disability of both hands or both legs or one leg and one hand as detailed in the policy. According to the complainant, he suffered road accident on 4.11.1999 and suffered permanent disability. He lodged claim with the appellant/insurer which was repudiated by letter dated 20.2.2001 on the ground of delay in intimating the Insurance Company about the accident. District Forum however considered the cause for delay and felt that repudiation as above was not justified. It also held that the complainant suffered permanent disability, therefore, it directed that the assured sum under the policy be paid to the complainant.

(3.) IN this appeal it has not been disputed that the claim before the appellant/insurer was delayed due to reasons beyond control of the complainant/respondent. Moreover, as delay in preferring the claim appears to be on account of the complainant having suffered serious injuries in accident; for which he had to undergo long treatment. The injuries resulted in disability. It, therefore, appears that his claim could not be repudiated by the appellant/insurer merely on the ground that it was not preferred promptly within one month. Therefore, the ground for repudiation as above by the appellant/insurer is not sustainable.