UNITED INDIA INSURANCE CO. LTD Vs. BINAKIYA

JUDGEMENT

(1.) Aggrieved by the concurrent findings and orders passed by the Fora below, the Insurance Company has approached this Commission in order to invoke its supervisory jurisdiction under Section 21(b) of the Consumer Protection Act, 1986. The consumer dispute related to the non-settlement of insurance claim in respect of an ultrasound machine, which the insured/ complainant had acquired at a cost of Rs. 13 lakh and which was got insured from the petitioner Insurance Company from time-to-time. During the currency of the last insurance period, the machine stopped functioning. A Surveyor was appointed, but ultimately, the claim was repudiated on the ground that the machine was not properly handled/mishandled and that it was on account of the age of the machine and wear and tear of the machine that it stopped functioning. Mr. M.N. Singh, Counsel for the petitioner would assail the impugned order primarily on the ground that the respondent/claimant failed to cooperate with the Surveyor inasmuch as he did not furnish the requisite documents which were called from him. We had noticed these submissions only to be rejected because in our view, once the petitioner Insurance Company with open eyes had renewed the policy for all those years, it does not lie in their mouth to take a plea now that the machine was very old and it has stopped functioning due to old age and wear and tear, etc. In our view both the lower Foras have considered the matter by taking into account all the relevant facts and circumstances brought on record and found that the repudiation of the insurance claim by the Insurance Company was on unjustifiable grounds which amounts to deficiency in service, therefore, petitioner was directed to settle the claim by paying a sum of Rs. 5,20,000 along with compensation of Rs. 50,000. The orders passed by the Fora below are justified and suffer from no illegality or material irregularity much less any jurisdictional error, which calls for any interference of this Commission. Dismissed.