NEW INDIA ASSURANCE COMPANY LTD. Vs. SUKUMAR SAHA

JUDGEMENT

(1.) Brief facts:

(2.) Against the order of District Forum the Complainant preferred an Appeal FA-44/2011 in the State Consumer Disputes Redressal Commission, Tripura (in short, 'State Commission').

(3.) The State Commission concluded that the repudiation of claim and deduction of insurance benefit from the compensation in Motor Accident by the insurance company (OP-3) was wrong. It was held that benefits of Group Insurance Policy are independent of the statutory benefit under the M.V. Act. The State Commission allowed the appeal and directed the insurance company to pay proportionate amount of the policy holding it as Rs.5,00,000/- due to the injuries. It further directed to pay Rs.2,00,000/- as compensation with interest @ 9% from the date of institution of the claim. In case the amount was not paid within one month then the interest chargeable was @ 12% from the date of expiry of one month.