NEW INDIA ASSURANCE CO. LTD. Vs. SURESH GARG

JUDGEMENT

(1.) IN this revision petition filed by Petitioner/Opposite Party there is challenge to impugned order dated 24.3.2008, passed by H.P. State Consumer Disputes Redressal Commission, Shimla (for short, 'State Commission') vide which First Appeal No. 365 of 2007 filed by the petitioner was dismissed.

(2.) RESPONDENT /Complainant got himself insured with the Petitioner Company under 'Videsh Yatra Mitra Policy' dated 25.05.2009 before proceeding on foreign tour of 28 days for U.S.A. U.K. & Europe and paid premium of Rs. 1,754/ -. It stated that respondent developed uneasiness suddenly during USA tour and consulted the doctor. Respondent had suffered sudden blockage of veins and had to be operated for the disease and incurred an amount of 2,00,000/ - on operation and paid 65,000/ - on the spot to Doctor Sen Gabriel Vally Medial Centre, CHW -438. Respondent was again advised for post operative visits, by Dr. Gleen -H Weissman, M.D. who conducted the surgery on 06.07.2009 and advised him not to fly. Petitioner did not admit the claim of the respondent, for release of sum of 2,00,000/ -. Hence, consumer complaint was filed before the District Consumer Disputes Redressal Forum, Nahan, H.P. (for short, 'District Forum').

(3.) DISTRICT Forum vide order dated 09.04.2007, allowed the complaint and passed following directions;