LAWS(NCD)-2016-5-107

NEW INDIA ASSURANCE CO. LTD. AND ANR. THROUGH ITS BRANCH MANAGER BRANCH OFFICE CUTTACK ORISSA Vs. RAJENDRA KAPOOR S/O LATE K.L KAPOOR R/O "KAPOOR HOUSE" TEACHER COMPOUND, TULSIPUR CUTTCUK

Decided On May 12, 2016
New India Assurance Co. Ltd. And Anr. Through Its Branch Manager Branch Office Cuttack Orissa Appellant
V/S
Rajendra Kapoor S/O Late K.L Kapoor R/O "Kapoor House" Teacher Compound, Tulsipur Cuttcuk Respondents

JUDGEMENT

(1.) Petitioners/Opposite Parties - New India Assurance Company Limited have filed the present (Revision Petition No.1631 of 2012 against the Respondent/Complainant - Rajindra Kapoor for setting aside the impugned order dated 29.2.2012 passed by the State Consumer Disputes Redressal Commission, Orissa, Cuttack (for short, 'State Commission') whereas, Complainant/Respondent-Rajindra Kapoor has filed (Revision Petition No.59 of 2013) against the New India Assurance Company Ltd. with the prayers that interest @ 18% p.a. may be given to the petitioner on the awarded amount of Rs. 1,26,500.00 and damages to the tune of Rs. 50,000.00.

(2.) Since, both these petitions are arising out the same order, we propose to give a common order.

(3.) The facts have been taken from (Revision Petition No.1631 of 2012). Facts of the case as per Respondent/Complainant are that, the complainant, his wife and son were having the Medi - Claim Insurance Policy, taken from the Petitioners/Opposite Parties for the last twelve years. In the year 2002, he had also covered himself, his wife and son under the said Medi - Claim Policy No. 550401/48/02/00081 valid for the period from 24.05.2002 to 23.05.2003 after paying requisite premium of Rs. 13,716/-. The said policy covered hospitalization and domiciliary hospitalization benefits for Rs. 3,00,000.00 for each of the insured persons.