NEW INDIA ASSURANCE CO. LTD. Vs. KAILASH DEVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/OP-1, New India Assurance Company Ltd. against the order dated 14.07.2016 passed in First Appeal No. 382 of 2009 by the State Consumer Disputes Redressal Commission, West Bengal, Kolkata (For short, State Commission') wherein the appeal filed by the petitioner herein has been dismissed and the order of the District Forum has been upheld.

(2.) Brief facts of the case are that respondent no.1/complainant, Smt. Kailash Devi had taken an insurance policy styled, "Janta Personal Accident Policy" for sum insured of Rs.1,00,000. During the insurance period, on 14.05.2005, while cutting fodder she was hit by buffalo resulting in injury in the eye. She was brought to the concerned PHC and later on to Nayandeep Eye Research Centre on 15.05.2005 and was discharged on 16.05.2005. Inspite of treatment, her left eye was removed. The insurance claim was filed by the complainant /respondent no.1 which was not settled by the OPs. Hence, the case was filed before the District Forum. The District Forum vide its order dated 20.08.2009 has allowed the claim of Rs.50,000/- alongwith interest at the rate of 9% per annum as well as Rs.1,000/- towards litigation cost.

(3.) Being aggrieved, petitioner preferred First Appeal No. 382 of 2009 before the State Commission which was dismissed vide order dated 14.07.2016.