NATIONAL INSURANCE CO LTD Vs. P B GUPTA

JUDGEMENT

(1.) This is an appeal filed by Opposite Party-Appellants, the insurer (for short 'the insurer' ).

(2.) Case of complainant is that he had obtained a policy from the insurer known as Mediclaim-Hospitalisation And Domicilary Hospitalisation Benefit Policy (for short 'the Mediclaim Policy') under which the risk was covered for meeting the medical expenses. Earlier, claims were being made and were being settled. In respect of one such claim, there was dispute and the matter was referred to arbitration which is now pending in Court for making the award a rule of Court. Complainant made a claim on 20th April, 1983 for an amount of Rs.4,000/-. Insurer did not settle the claim and kept it pending for long for which reminders were to be sent to them. Two months after on 1.6.90, Opposite Party No.1 replied that all papers were being forwarded to Opposite Party No.2 advising them to take up the matter immediately. When no further action was taken complaint was filed on 15.1.91.

(3.) Case of Opposite Parties is that the matter is subjudice before the Court on account of arbitration and accordingly, this complaint should not be entertained.