DHYAN SINGH COMPLAINANT Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) President: The present complaint has been filed on the stated facts that the complainant is a retired defence personnel. During his service tenure in the army, he took an insurance policy from 31.3.1998 and valid upto 30.3.2008 for a sum of Rs. 5,00,000/ - from the opposite party i.e., Oriental Insurance Company. Since he was discharged from defence services on medical ground after assessing him 100% disabled person, he was entitled to the insured amount from the Insurance Company. Therefore, he wrote as many as four letters to them giving all the information, but since he received no reply from them. He was forced to file this complaint.

(2.) In the reply, various preliminary objections have been taken. The first is that the provisions of the Janta Personal Accident Insurance Policy (Long Term) taken by the complainant do not cover his case, because he was discharged from service due to prolonged illness in the form of cancer behind the back of the rasal area and the pharynx. The second objection is that the stipulation in the relevant clause of the said policy clearly mentions that the insured must have sustained any bodily injury resulting solely and directly from accident caused by violent and visible means, which is not the case of the complainant. The next objection is that this Commission has no jurisdiction to adjudicate in the matter, as the policy was obtained by him in the State of Assam. On merits, there is complete denial of the plea taken in the complaint.

(3.) The complaint is supported by the affidavit of the complainant who has also filed documentary evidence, in the shape of his period of service from the Assam Rifles. Annexure A -1, the medical history, Annexure A -2, the Janta Personal Accident Insurance Policy (Long Term), copy Annexure A -3, two communications in Hindi from the complainant to the Branch Manager of Oriental Insurance Company in Silchar (Assam) vide Annexures A -4 and A -5 and another letter in English from the complainant to the same Branch Manager is Annexure A -6.