LIC OF INDIA Vs. KAMLESH

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 30.07.2012 whereby State Commission Haryana Panchkula dismissed the appeal preferred by the petitioners opposite parties against the order of the District Forum Jind dated 09.08.2011.

(2.) Briefly put, the facts relevant for the disposal of this revision petition are that complainant respondent purchased an insurance policy worth Rs.25000/- from the petitioner on 10.05.2001 with half year premium of Rs.904/-. The complainant respondent dutifully paid the insurance premium. The complainant unfortunately developed complaint of severe headache in the month of November 2003. On 25.12.2003, the complainant became unconscious and she was taken to All India Institute of Medical Sciences, New Delhi. There she remained under treatment w.e.f. 02.01.2004 to 27.01.2004 as an impatient. Her treatment is still going on and she has become 100% disabled. The complainant filed the claim under the insurance policy alongwith 100% permanent disability certificate issued by the Board of Doctors of General Hospital Jind on 02.06.2008. The opposite party, however, repudiated the claim. This led to the filing of the consumer complaint by the complainant Ms. Kamlesh through her husband and nominee Jai Bhagwan.

(3.) The petitioners opposite parties contested the complaint by filing written statement wherein opposite parties took the plea that the complaint was barred by limitation. On merits, it was alleged that disability suffered by the complainant was not a consequence of an accident. As such, the petitioners opposite parties was not bound to pay the claim as per terms and conditions of the insurance policy.