NEW INDIA ASSURANCE CO. LTD. Vs. MOHINDER KAUR

JUDGEMENT

(1.) This revision petition has been filed by the Petitioner/OP against the order dated 07.02.2008 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 1077/2002 M/s. The New India Assurance Co. Ltd. Vs. Mohinder Kaur by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/respondent's husband Mohan Singh obtained medi-claim insurance policy from the OP/petitioner on 24.10.2000 for a period of one year for a sum of Rs.1,00,000/-. During the subsistence of the insurance policy, Mohinder Singh developed brain tumor and spent more than Rs.1,20,000/- on his treatment and ultimately died on 06.11.2001. Mohan Singh during his life time approached OP for reimbursement of medical expenses, but to no effect. Later on, complainant filed complaint before District Forum alleging deficiency on the part of OP. OP resisted complaint and submitted that deceased Mohan Singh did not disclose that he was suffering from aforesaid disease and in such circumstances, was not entitled to reimbursement of the medical expenses and claim was rightly repudiated by letter dated 31.3.2002 and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.1,00,000/- along with 18% p.a. interest and awarded cost of Rs.2500/-. Appeal filed by the petitioner was partly allowed by learned State Commission vide impugned order and interest awarded @ 18% p.a. by District Forum was modified to 9% p.a. and rest of the order was upheld against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.