PRATIBHA SONTAK Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Late Shri Pushkar Sontakke, husband of the complainant took a loan from Central Bank Home Finance Ltd., which sanctioned an amount of Rs.3,00,000/- to him for the purpose. The aforesaid loan was insured under a Group Insurance Policy which the aforesaid financer Central Bank Home Finance Ltd. had taken from National Insurance Co. Ltd.. The husband of the complainant died in an accident on 08-10-2004. Vide letter dated 22-11-2004 the complainant submitted documents to opposite party No.2 Central Bank Home Finance Ltd. for the purpose of discharge of the loan amount by the insurance company under the provisions of the aforesaid Group Insurance Policy. The opposite party No.2 forwarded the claim to the insurance company only on 10-06-2005. The claim was rejected by the insurance company on the ground that it was time barred since under the provisions of the policy it ought to have been preferred within 14 days from the date of the death of the borrower. Being aggrieved from rejection of the claim the complainant approached the concerned District Forum seeking a sum of Rs.7,18,721/- along with interest on that amount from both, National Insurance Co. Ltd. and Central Bank Home Finance Ltd..

(2.) Vide its order dated 15-12-2008, the District Forum rejected the complaint. Being aggrieved the complainant approached the concerned State Commission by way of an appeal. Holding that the condition requiring submission of the claim within 14 days from the death of the borrower was not mandatory, the State Commission allowed the appeal filed by the complainant in the following terms:

(3.) Being dissatisfied with the quantum of compensation awarded to her by the State Commission the complainant is before this Commission. Her prayer in the revision petition is that the opposite parties should be directed to pay the entire amount of Rs.7,18,721/- claimed by her along with interest on that amount.