ORIENTAL INSURANCE COMPANY LTD Vs. ROHTAS SINGH

JUDGEMENT

(1.) Oriental Insurance Company Ltd. which was the Opposite Party before the District Forum, has filed this Revision Petition against the Order dated 21.12.2006 passed by the Chhattisgarh State Consumer Disputes Redressal Commission (for short the State Commission) in Appeal No. 413/2006 whereby the State Commission has dismissed the appeal filed by the Petitioner against the order of the District Forum. District Forum has awarded a sum of Rs. 1,60,000 towards permanent disability and Rs. 20,000 towards expenses incurred on treatment along with interest @ 6% per annum from the date of the complaint i.e. 21.2.2006 till realization to Respondent-Complainant. Rs.10,000 was also awarded for mental agony and Rs. 500 as costs.

(2.) Respondent had taken from the Petitioner an "Individual Nagrik Suraksha Policy" providing personal accident cover to the extent of Rs. 1,60,000 and medical expenses to the extent of Rs. 40,000. The policy was effectivefrom2.12.2003 to 1.12.2004. It is alleged in the complaint that on 27.1.2004 while Respondent was changing punctured tyre to the truck., the jack slipped and the truck fell on him resulting in fractures on his leg. The Petitioner was informed for the first time on 25.6.2005 about the accident and the disability. Police report was lodged on 22.3.2005. Petitioner repudiated the claim inter alia on the ground of inordinate delay in informing Petitioner about the incident. Another ground taken was that Respondent did not produce any documentary evidence about the injury and disability suffered by him.

(3.) Respondent being aggrieved filed the complaint before District Forum. In response to the allegation made in the complaint, Petitioner reiterated the ground for rejection of the claim.