ORIENTAL INSURANCE CO. LTD. Vs. SH. PRATEEK RATHI

JUDGEMENT

(1.) This revision petition has been filed by the Petitioner/OP against the impugned order dated 19.3.2008 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 942 of 2003 The Oriental Ins. Co. Ltd. Vs. Prateek Rathi & Ors. by which, while dismissing appeal, order of District Forum allowing compliant was upheld.

(2.) Brief facts of the case are that deceased Kamal Kishore Rathi father of the complainants/respondents took Janta Personal Accident Policy for a sum of Rs.5,00,000/- for the period 2.12.1998 to 1.12.2008 from OP/petitioner and paid Rs.1250/- towards premium. Insured Kamal Kishore died in road accident on 25.5.2002 and his nominee wife also died in road accident. Complainants lodged complaint with the OP. OP repudiated claim on the ground that policy had already been cancelled on 7.4.2002. Alleging deficiency on the part of OP, complainants filed complaint before the District Forum. OP/petitioner contested complaint and submitted that, as policy had already been cancelled on 7.4.2002, and premium was refunded, there was no deficiency on the part of OP and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.5,00,000/- along with 10% p.a. interest to the complainants and further awarded Rs.1,000/- as litigation cost. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

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