ASHOK SHARMA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision is directed against the order of the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, "the State Commission") dated 26.2.2013 in first appeal No. 335/2009 vide which the State Commission accepted the appeal against the order of the District Forum and dismissed the complaint.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the petitioner filed a consumer complaint in District Forum Amritsar alleging that he purchased an overseas medi -claim insurance policy from the respondent. The insurance cover was to commence from the date of boarding of the aircraft or other mode of transport from India and was valid for a period of 60 days. It is alleged that the complainant left India for Germany on 25.11.2003. During his stay in Germany he fell ill and was hospitalized. The complainant incurred medical expense of Rs. 12,938.34 Euros. He lodged the insurance claim but the opposite party repudiated the claim on the plea that as per the terms and conditions of the insurance policy, the policy was to be valid only if the complainant commences the journey within 14 days of the first day of the insurance as indicated in the policy schedule. It was pleaded by the opposite party that as per the policy schedule the first day of insurance is 2.11.2003. Therefore, in terms of condition No. 1 of the policy the complainant was required to commence his journey on or before 16.11.2003 to have the benefit of the insurance policy. The complainant admittedly commenced his journey much later on 25.11.2003. Therefore, the insurance policy was no more valid and the insurance claim was rightly repudiated.

(3.) The District Forum on consideration of pleadings of the parties and the evidence, allowed the complaint and directed the petitioner to pay an amount of Rs. 12,938.34 Euros or its equivalent in Indian currency to the complainant besides Rs. 4,000/ - were awarded as compensation and Rs. 1,000/ - were awarded against litigation expenses.