LIC OF INDIA Vs. NEERAJ KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 11.12.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. FA-08/999 Life Insurance Corpn. of India Vs. Shri Neeraj Kumar by which, while dismissing appeal with cost, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/Respondent obtained two insurance policies covering permanent disability to the tune of Rs.50,000/- and Rs.55,000/- from OP/petitioner. Complainant suffered electric shock resulting in amputation of right arm below elbow and doctors assessed 69% permanent disability. Complainant submitted claim with OP which was repudiated on the ground that complainant did not suffer permanent disability as he was still capable of earning and obtaining wages as Constable in Delhi Police. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that claim was rightly repudiated in the light of terms and conditions of policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to provide permanent disability benefits under the policy with 9% p.a. interest and further allowed compensation of Rs.10,000/- and Rs.3,000/- as cost of litigation. Appeal filed by OP was dismissed by learned State Commission with cost of Rs.25,000/- by impugned order against which this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.