FIROZE S BHARUCHA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) HEARD Adv. Sureshchandra N. Chataule, proxy advocate for Adv. Harshad H. Trivedi on behalf of the Appellant. At the time of hearing of the appeal Respondent as well as learned advocate for the Respondent preferred to remain absent. We have also perused the record. This appeal takes an exception to an order dated 18/11/2003 passed by the South Mumbai District Consumer Disputes Redressal Forum (hereinafter referred to as 'the Forum' for the sake of brevity) in Consumer Complaint No. 370 of 2000, Mr. Bharucha Firoze S. v. The Oriental Insurance Company Ltd. It was a consumer complaint pertaining to non -settlement of the mediclaim arbitrarily by the insurance company. In fact, insurance company repudiated the mediclaim referring the exclusion clauses. Upholding the case of the Appellant/Complainant (hereinafter referred to as 'the Complainant' for the sake of brevity) regarding deficiency in service on part of the Respondent/Opponent - The Oriental Insurance Company Ltd. (hereinafter referred to as 'the Insurance Company' for the sake of brevity), the Forum partly allowed the consumer complaint and awarded compensation of Rs. 1,70,000/ - to the Complainant together with interest thereon @ 9% p.a. with effect from 25/9/2000 besides costs of Rs. 2,000/ -. However, not satisfied by the compensation awarded by the Forum as per impugned order, the Complainant preferred this appeal for enhancement of compensation.

(2.) WHILE awarding compensation of Rs. 1,70,000/ - to the Complainant instead of Rs. 3,40,000/ - as claimed by the Complainant, the Forum observed as below: - -