NATIONAL INSURANCE CO LTD Vs. K T LUKOSE

JUDGEMENT

(1.) This petition is by the opposite parties-Insurance Company against the order of the State Commission dismissing their appeal and upholding the order of the District Forum.

(2.) Complaint of the respondent-complainant arose out of medi-claim policy taken for his wife and children. During the validity of the policy wife of the complainant underwent surgery and when he preferred a claim under the policy, it was repudiated on the ground that there was exclusive clause based under clause 4.3 of the policy. Both the District Forum and the State Commission did not accept the plea of the Insurance Company. It was directed to pay Rs. 25,760.04 with interest @ 15% per annum from the date of the complaint till payment. This is what the District Forum directed. As stated above in appeal State Commission upheld that order.

(3.) Now this petition is barred by 339 days delay. An application seeking condonation of delay has been filed. First having lost in two Forums we do not think it was necessary for the Insurance Company to still file this revision petition against the concurrent findings of the two Forums. When we look at the application for condonation of delay it is stated that the order of this Commission the revision should be filed within 90 days came to the knowledge of the petitioner at a subsequent stage when earlier there was no such bar of limitation in filing revision. We cannot accept this contention. Firstly it cannot be said that the Insurance Company was not aware of the order of this Commission when it has such a vast legal department and secondly in view of the decision of the Supreme Court it was quite clear that when there is no limitation provided specifically Limitation Act applies. It is not only that there is further delay of the file moving from one branch to another but also for opinion from one person to another. Insurance Company is not an ordinary litigant where the file has to move for opinion from one stage to another. We do not find any merit in this petition. We dismiss this revision petition. R.P. dismissed.