LAWS(NCD)-2012-9-31

ORIENTAL INSURANCE CO. LTD Vs. MUKESH SAXENA

Decided On September 18, 2012
ORIENTAL INSURANCE CO. LTD Appellant
V/S
MUKESH SAXENA Respondents

JUDGEMENT

(1.) The matter in this revision petition filed by the OP/Oriental Insurance Company, lies in a very narrow compass. It arose out of a claim of the Complainant/Mukesh Saxena under a Personal Accident Policy taken from the OP. A perusal of the complaint petition will show that the OP settled the claim for an amount of Rs.128596/-, which was paid to the Complainant through a cheque of 31.12.1997. According to the Complainant, his claim should have been settled for Rs.159223/-. Therefore in the complaint before the District Forum, the Complainant sought the following reliefs:-

(2.) The District Forum examined in detail the allegation of the Complainant that the amount had been arbitrarily reduced from his claim. He was first sent a cheque of Rs.128596/- dated 14.10.1996. He made several representations against arbitrary reduction whereupon the insurance company took the cheque back. He was told that his case was being reconsidered. One year later, he was made to receive the same amount by another cheque dated 31.12.1997.

(3.) The District Forum allowed the claim of the Complainant observing that:-