NATIONAL INSURANCE COMPANY LTD Vs. GOPANABOINA SATHYAM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner Insurance Co. which was opposite party at Sl. Nos.2 & 3 in the consumer complaint filed by respondent No.1/complainant before the District Forum, Nalgonda against the petitioner Insurance Co. and the Golden Multi Services Club Ltd., Kolkata included in the complaint as opposite party at Sl. Nos. 1 & 4. Challenge in the revision petition is to the impugned order passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad ( 'State Commission ' for short) on 9.8.2012 in F.A. No.402 of 2011 whereby the State Commission partly allowed the appeal filed by the petitioner co. against order dated 19.4.2011 passed by the District Consumer Forum, Nalgonda in consumer complaint No.61 of 2010. By its order, the District Forum had partly accepted the complaint filed by R -1 in terms of the following order: -

(2.) THE State Commission vide its impugned order slightly modified the order of the District Forum by setting aside the award of compensation of Rs.3,000/ - for deficiency in service and maintained the rest of the award passed by the District Forum as reproduced above.

(3.) OPS filed their written statements opposing the claim and denying the allegations made in the complaint. OPs 1 and 4 admitted issuance of the policy to the complainant by the OP Insurance Co. and also acknowledged that they had received the claim in respect of the accident from the complainant and the same had been forwarded by them to OP Insurance Co. However, they denied their liability to pay the claim made by the complainant and hence prayed for dismissal of the complaint against them. The OPs 2 and 3, i.e, the Insurance Co. filed a combined written version admitting issuance of the policy subject to certain terms and conditions. It was contended by the OP Insurance Co. that as per policy Clause ''C '' , the complainant is not entitled to any compensation because there is no permanent disability. It was also stated by the Insurance Co. that in spite of several letters to the complainant requiring certain documents, the complainant did not comply with the requirements and as such they could not settle the claim. Both the sides filed their evidence affidavits reiterating their respective pleadings and after hearing the parties and considering the evidence on record, the District Forum accepted the complaint in terms of the aforesaid order. Aggrieved by that order, the OP Insurance Co. filed an appeal on several grounds before the State Commission challenging the order of the District Forum and denying any deficiency in service on their part and praying for setting aside of the order of the District Forum and dismissal of the complaint. As stated above, the State Commission vide its impugned order partly allowed the appeal by giving some relief to the extent of Rs.3,000/ - in the matter of payment of compensation and upheld the rest of the award passed by the District Forum. Under these circumstances, the OP Insurance Co. has now filed the present revision petition.