NEW INDIA ASSURANCE CO LTD Vs. ANJU SHAMRA

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the New India Assurance Company Ltd. (for short "the Insurance Company"), is to order dated 04.09.2008 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla, in First Appeal No. 283 of 2007. By the impugned order, the State Commission, while overturning the order, dated 31.05.2007, passed by the District Consumer Disputes Redressal Forum, Shimla in Complaint No. 64 of 2004, has allowed the claim preferred by the Complainants and directed the Insurance Company to pay to them a sum Rs. 2,00,000/- along with interest @ 9% p.a. besides a compensation of Rs. 25,000/- for causing harassment and torture on account of repudiation of their claim under a Life Insurance Policy.

(2.) Shorn of unnecessary details, the facts material for adjudication of the controversy may be stated thus:-

(3.) The say of the Complainants was that in the month of October 1995, on account of some injuries on his stomach, the deceased (Insured) had made a representation to the Employer to assign him light duties in the office. He received another stomach injury sometime in the month of January, 2000 while working on a transmission line and ultimately, because of the said injury, he passed away on 14.11.2000. On his demise the Complainants preferred claim under the said policy on the ground that the deceased had succumbed to stomach injury, suffered by him while on official duty and, therefore, was entitled to compensation under the said policy. As there was no response to the claim by the Insurance Company, on 10.12.2002, the Complainants got issued a legal notice to the Insurance Company, demanding settlement of their claim. In response, vide letter dated 13.12.2002, the Insurance Company informed the Complainants that it had not received any claim from the Employer till that date. They were, accordingly, advised to take up the matter with the Employer. Nevertheless, they were informed that coverage under the Personal Accident Policy was death/injury due to accident and cases of accidental death/injury had to be sent to them by the Employer along with the police FIR and postmortem report and other relevant documents. Dis-satisfied with the said response, the Complainants filed the Complaint against the Insurance Company as also the Employer, inter alia, praying for a direction to them to pay the assured amount of Rs. 2,00,000/- along with interest @ 18% p.a. from the date of the death till payment along-with general damages amounting to Rs. 45,000/-.