NATIONAL INSURANCE COMPANY LIMITED Vs. S VENKATA LAKASHMAMMA

JUDGEMENT

(1.) This revision petition has been filed by the National Insurance Co. Ltd. (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Andhra Pradesh (hereinafter referred to as the 'State Commission') in Appeal No. 1784/2005 decided in favour of S. Venkata Lakashmamma nd Others, Respondents herein who were the original complainants before the District Forum.

(2.) The facts of the case are that during the currency of the personal health insurance policy, the Respondent's husband (hereinafter referred to as the 'insuree'), who was the owner of the vehicle died when it met with an accident on 11.8.2004. Respondent as his nominee lodged a claim with the Petitioner/Insurance Company which repudiated the same on the ground that the case was not covered under the terms and conditions of the policy taken by the insuree. Being aggrieved, Respondent filed a complaint before the District Forum on grounds of deficiency in service and requested that Petitioner/Insurance Company be directed to pay Respondent, Rs. 2 lakh being assured sum of the policy along with interest @ 18% per annum from the date of demise of the insuree, Rs. 20,000 as damages for mental agony and harassment and litigation costs.

(3.) Petitioner/Insurance Company on the other hand denied that there was any deficiency in service and contended that as per the terms and conditions of the policy taken by the insuree, Petitioner/Insurance Company was liable to indemnify the claim subject to following conditions: