UNITED INDIA INSURANCE COMPANY LTD Vs. R SATHEESAN

JUDGEMENT

(1.) THE above appeal is preferred from the order dated 6.10.2003 of the CDRF, Thiruvananthapuram in OP No. 642/2000. The complaint in OP 642/00 was filed by the respondent therein as complainant against the appellant as opposite party claiming the insurance claim of Rs. 1,50,000 and a compensation of Rs. 10,000 for the deficiency in service on the part of the opposite party Insurance Company. The claim was repudiated by the opposite party and limited the claim at Rs. 6,571. The Insurance Company relied on the investigation report received by them from the private investigator. But the lower Froum accepted the case of the complainant and thereby the opposite party/Insurance Company is directed to pay the complainant a sum of Rs. 75,000 as Insurance claim with Rs. 10,000 as general compensation and a cost of Rs. 1,000. Aggrieved by the said order, the present appeal is preferred by the opposite party therein.

(2.) WE heard the Counsel for the appellant/opposite party and the respondent/complainant. The learned Counsel for the appellant much relied on the investigation report submitted by private investigator K.N. Krishnan Nair who was appointed by the appellant Insurance Company for the purpose of making an inquiry regarding the disability of the respondent/complainant. It is also submitted that the lower Forum has awarded Rs. 75,000 as Insurance claim without any supporting materials or documents. Thus, the appellant/Insurance Company requested for setting aside the impugned order passed by the lower Forum. On the other hand, the learned Counsel for the respondent/complainant much relied on P4 disability certificate issued by Doctor attached to the Government Hospital, Neyyatinkara and also P5 discharge certificate issued from the Government Hospital, Neyyatinkara and thereby supported the findings and conclusions of the lower Forum. Thus, the respondent requested for dismissal of the present appeal.

(3.) THE points that arise for consideration are: