KANTI LAL RATHORE Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the respondent National Insurance Company Ltd.

(2.) Very briefly the facts of the case are that the complainant had obtained a "Janata Personal Accident Policy" from the respondent Insurance Company, for the relevant period. The complainant was assaulted by some criminal on 27.6.2000; F.I.R. was lodged and case was registered; matter was also reported to the respondent; claim was preferred taking the plea that the complainant has suffered a permanent disability in the left hand. When the claim was denied by the respondent Insurance Company, a complaint was filed before the District Forum, who after hearing the parties, directed the respondent to pay 50% of the insured amount, along with interest @ 12% and cost of Rs. 1,000. Aggrieved by this order, an appeal was filed before the State Commission, who allowed the appeal and dismissed the complaint, hence this revision petition has been filed before us.

(3.) We heard the petitioner/complainant, who is, by profession, an Advocate in Mandsaur (M.P.) and also perused the material on record. There is no disputing the fact that as per the report of the District Medical Board, Mandsaur, the disability was partial, being 18% in the left upper limb and 23% in the right upper limb. The State Commission relying upon provisions of the Policy dismissed the complaint. The stated clause of the Policy reads as under: