LAWS(NCD)-2015-4-26

AMITAVA DUTTA Vs. NATIONAL INSURANCE COMPANY LIMITED

Decided On April 15, 2015
Amitava Dutta Appellant
V/S
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) Aggrieved by the order dated 10.06.2008 passed by the State Consumer Disputes Redressal Commission, West Bengal (for short "the State Commission") in S.C. Case No. 446 of 2007, the National Insurance Company Limited preferred this Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"). By the impugned order, the State Commission has allowed the Appeal and set aside the order passed by the District Consumer Forum, Calcutta Unit-I on 29.3.2007 in C.C. No. 176 of 2005 (for short "the District Forum"). By the said order, the District Forum had awarded against the Petitioners a sum of Rs. 5,140/- with interest @ 8% per annum and Rs. 1,000/- as compensation and costs of Rs. 500/-.

(2.) The brief facts of the case, according to the Petitioner who was the original Complainant before the District Forum, are that the Complainant had obtained a Medi-claim Insurance Policy, dated 31.3.2003 through Golden Trust Financial Services, covering the period from 31.3.2003 to 30.3.2004. This Policy covered the following family members of the insured: <FRM>JUDGEMENT_26_LAWS(NCD)4_2015_1.html</FRM>

(3.) While so, on 18.3.2003, the Complainant's sister suddenly suffered from a heel abscess and was treated at Dum Dum Municipal Specialised Hospital, Kolkata and was operated on 21.3.2003 and once again on 28.3.2003, for which treatment, an amount of Rs. 5,139.45/- was spent.