ORIENTAL INSURANCE CO LTD Vs. JOGINDER KAUR SAHNI

JUDGEMENT

(1.) The present appeal is directed against order dated 20.6.2000 passed by District Forum (Central), Kashmere Gate, Delhi passed in Complaint Case No.1872/99 entitled Mrs. Joginder Kaur Sahni V/s. The Oriental Insurance Co. Ltd. and Another.

(2.) Briefly stated, the relevant facts are, that the respondent had filed a complaint before the District Forum under Sec.12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') with the grievance that the respondent was covered for personal accident under the insurance policy Cover Note bearing No.648948 dated 9.2.1996 for the period 10.2.1996 to 9.2.1997. The respondent had injured herself and had been confined to bed for the period from 6.1.1997 to 19.3.1997 and thereafter confined to the house from 19.3.1997 to 22.4.1997 and as such had lodged a claim under the policy in question for the sum of Rs.45,993/-. However, the appellant had passed the claim of the respondent for the amount of Rs.21,831/- only and had paid the same to the respondent vide cheque No.397447 on 15.7.1997. The complainant had thereafter been requesting for the payment of balance amount but despite repeated request and reminders, the appellant had failed to make the payment. Accordingly the respondent was constrained to file a complaint before the District Forum claiming the balance amount of Rs.24,162/- together with interest @ 18% p. a. from the date of accident together with compensation of Rs.5,500/- and cost of Rs.2,500/-.

(3.) The appellant in its reply/written version filed before the District Forum had stated that the amount of Rs.21,831/- was paid to the respondent in terms of the policy and the said amount was duly accepted by the respondent in full and final settlement of her claim, and since the respondent had also executed a discharge voucher of her own free will, she was not entitled to any further amount. It was, therefore, prayed that there being no deficiency in service on its part, the complaint filed by the respondent was liable to be dismissed with costs. The learned District Forum had allowed the complaint with the directions to the appellant to pay a sum of Rs.24,162/- together with interest @ 18% p. a. w. e. f.15.7.1997 till the date of payment and also awarded Rs.1,000/- as costs of litigation.