LAWS(NCD)-2019-4-105

NATIONAL INSURANCE CO LTD Vs. KULDEEP SINGH

Decided On April 12, 2019
NATIONAL INSURANCE CO LTD Appellant
V/S
KULDEEP SINGH Respondents

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the "State Commission") in Appeal No. 1015/2013 dated 03.06.2016.

(2.) According to the Respondent/Complainant, he was living at Sundergarh, Orissa and was insured with National Insurance Co. Ltd./Petitioner under a Group Janta Personal Accident Insurance Policy, vide Policy No. 100300/47/01/9600022/03/96/30343 for Rs.4 Lakhs.The period covered under the policy was from 08.01.2004 to 07.01.2006. Unfortunately on 11.02.2005, while the Respondent was on duty, truck No. OG-04-G-6857, suddenly met with an accident due to which he sustained injuries.The Respondent was admitted in Cuttack, Orissa in the I.G.H. RourkelaHospital upto 14.02.2005.Thereafter, he was admitted in Government Hospital, S.C.B. Medical College Hospital, Cuttack from 15.02.2005 to 28.02.2005 and finally in General Nursing Home, Road No. 133/01, Manglabag, Cuttack from 01.03.2005 to 13.03.2005 wherein the left leg of the Respondent was amputated. He had spent Rs.1,25,000.00 in total on his treatment. The Respondent has further deposited the necessary papers with the Petitioner for clearance of the insured amount of Rs.4 lakhs but the same was not paid to him. Thus, the Complaint was filed.

(3.) The Petitioner filed the Written Statement in which he did not dispute the fact that the Policy of Rs.4 lakhs was issued by the Petitioner but the only question raised was about the jurisdiction, though it has Head Office in Delhi. No other dispute was filed in the Written Statement. The Petitioner mentioned the claim in respect for injury within six months of the policy to be 50% of the sum insured.