AWARE HOSPITAL SHANTIVANAM,NAGARUJUNA SAGAR ROAD, REP BY ITS COORDINATOR, MR K,VENKAT REDDY HYDERABAD Vs. NEW INDIA ASSURANCE CO. LTD. 3

JUDGEMENT

(1.) This Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short the Act ), by the Complainant, namely, AWARE Hospital, is directed against the order dated 06.02.2012, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (for short the State Commission ) in First Appeal No. 330 of 2009. By the impugned order, the State Commission has overturned the order dated 29.10.2008, passed by the District Consumer Disputes Redressal Forum, Ranga Reddy (for short the District Forum ) in Complaint Case No.61 of 2006. By the said order, the District Forum, while allowing the Complaint filed by the Petitioner Hospital against New India Assurance Co. Ltd. (for short the Insurance Company ), the sole Opposite Party in the Complaint, alleging deficiency in service on the part of the Insurance Company in not accepting the claim preferred by it in respect of two electro-medical equipment under the two insurance policies, had directed the Insurance Company to pay to the Complainant a sum of Rs.10,67,919.00 along with interest @ 9% p.a. from 25.08.2005 as also the cost of litigation, quantified at Rs.3,000.00.

(2.) Briefly stated, the material facts, giving rise to the Complaint, are that the Complainant had obtained two insurance policies from the Insurance Company in the sums of Rs.5,47,34,150.00 and Rs.67,15,067/- in respect of its medical equipment. Both the policies were issued for a period of one year commencing from 30.08.2004. The insurance for the equipment was covered on original cost and present cost of the equipment. It appears that on 06.12.2004 at about 8.30 a.m., on account of power failure, four medical equipments, namely, SIEMENS make CT Scanner, SIEMENS make 300 MA X-Ray Machine, OPTI MAX make Automatic Film Processor and Blue Star 50 Ton Chiller Plant got damaged. The Insurance Company was duly intimated about the incident. It seems that the two Surveyors, appointed by the Insurance Company, submitted some reports but the same did not find favour with the Insurance Company. However, it seems that in the meanwhile the Insurance Company decided to pay a sum of Rs.8,29,581.00 against the claim. The Complainant accepted the said amount vide receipt dated 25.08.2005.

(3.) Since the stand of the Complainant was that the said amount had been received as a part-payment, without prejudice to the settlement of the final claim, which plea was not accepted by the Insurance Company, the Complainant filed the Complaint before the District Forum, praying for payment of the balance amount of Rs.10,67,919.00 along with interest @ 12% p.a.; interest on a sum of Rs.8,29,581.00 from 06.12.2004 till 24.08.2005 for the delay caused by the Insurance Company in processing the claim; and a compensation of Rs.5,00,000.00.