NATIONAL INSURANCE CO LTD Vs. RAMESH KUMAR GUPTA

JUDGEMENT

(1.) THIS revision is directed against the order of the Haryana State Consumer Disputes Redressal Commission, Panchkula in first appeal No.2417/2006 whereby the State Commission dismissed the appeal preferred by the petitioner Insurance Company and confirmed the following directions of the District Forum: -

(2.) UNDISPUTED facts relevant for the disposal of the revision petition are that respondent No.1 insured his Maruti Van No.DL -4CD -5320 with the petitioner Insurance Company. The insurance policy extended personal accident cover of Rs.2 Lakh to owner/driver. During the subsistence of the insurance policy the van met with an accident while being driven by the respondent/complainant. The complainant sustained multiple injuries including the multiple fractures of his left leg in the accident. Complainant took treatment at Rao Tula Ram Hospital and Sant Parmanand Hospital. As a consequence of the injuries suffered in the accident, petitioner suffered 20% permanent disability of his left leg. According to the complainant he spent a sum of Rs.1,16,919/ - on his treatment for which he submitted claim to the insurance company. The claim, however, was repudiated on the ground that as per the policy condition the complainant was not entitled for compensation as he has suffered disability only to the extent of 20%. Being aggrieved of the repudiation of the claim the complainant raised a consumer dispute in District Forum Jhajjar.

(3.) THE District Forum on consideration of the pleadings and the evidence allowed the complaint and directed as above. Being aggrieved of the order of the District forum, the petitioner/insurance company preferred an appeal and the State Commission vide impugned order dismissed the appeal.