UNITED INDIA INSURANCE COMPANY LTD Vs. GHANSHYAM SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the United India Insurance Co. Ltd., dissatisfied by the order dated 12.5.2008 of the State Consumer Disputes Redressal Commission, Bihar, Patna in First Appeal No. 495 of 2006, which partly upheld the order of the District Forum wherein compensation of Rs. 1 lakh with 8% interest per annum was awarded with effect from January 2006 till the date of realization along with compensation of Rs. 2,000. However, compensation of Rs. 2,000 awarded towards mental agony was set aside by the State Commission. This revision petition has been filed with a delay of 24 days. For the reasons stated in the application for condonation, the delay is hereby condoned.

(2.) THE facts of the case in brief are as under:

(3.) THE Insurance Company repudiated the claim on the ground that Sikander had not affixed his signature on the insurance certificate and intimation of his death was given to the Insurance Company with inordinate delay. The complainant contented that the proprietor of the petrol pump and the Competent Authority of the Insurance Company put their signatures on the insurance papers and it was obligatory on the part of the Insurance Company to obtain signatures of the life assured, but the same was not done by them. Despite complainant's plea that he was illiterate and does not know the rules and regulations of the Insurance Company, the Insurance Company was harsh in denying the assured amount after accepting the premium amount, hence, he filed complaint before the District Forum. This was contested by advancing similar plea as taken in the repudiation letter by the Insurance Company. After hearing the parties and going through the records of the case, District Forum directed the Insurance Company to pay the insured amount of Rs. 1 lakh with 8% interest per annum from 25.10.2005 along with Rs. 2,000 towards compensation for mental agony and harassment.