ORIENTAL INSURANCE CO LTD Vs. P RAMARAJ

JUDGEMENT

(1.) THIS revision petition has been filed by the opposite party against the order dated 1.1.95 passed by the State Consumer Disputes Redressal Commission, Tamil Nadu (for short State Commission) in AP No. 836/94 by which it accepted the appeal filed by the complainant, Mr. P. Ramaraj (respondent herein) and set aside the order of the District Consumer Disputes Redressal Forum, Madurai passed in O.P. No. 426/93. The State Commission directed the opposite party i.e. Insurance Company to pay to the complainant Rs. 35,000/-, amount of two insurance policies, one Janta Personal Accident Policy for Rs. 25,000/-and other one Gramin Accident Policy for Rs. 10,000/- with interest thereon @ 12% from the date of the claim till payment. It may be mentioned here that the District Forum had dismissed the complaint of the complainant and asked him to have his case decided by a Civil Court as there were mixed questions of law and facts and such questions ought to be decided only by Civil Courts.

(2.) THE parties will be referred to by their nomenclature in the complaint.

(3.) THE opposite party-Insurance Company contended that the premium for the renewed policies was received in the office only at 2.30 p.m. on 12.1.93, while the accident had taken place at 10.00 a.m. on that day and since premium has been received after the accident, there was no policy at the time of the accident. Hence repudiation of the claim in the present circumstances does not amount to deficiency in service.