LIFE INSURANCE CORPORATION OF INDIA Vs. BHUPENDER PAL
LAWS(HPCDRC)-2009-11-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 05,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Bhupender Pal Respondents

JUDGEMENT

CHANDER SHEKHER SHARMA - (1.) THIS appeal is directed against the order passed by District Forum, Mandi, in Consumer Complaint No. 29/2007, decided on 23.4.2007, whereby the complaint of respondent was allowed and they were held entitled to a sum of Rs. 1 lac under the benefits of Female Critical Illness Scheme of Jeevan Bharati Insurance Policy No. 151688549 from the appellants and interest @ 9% per annum from the date of institution till its payment with cost assessed at Rs. 2,000.
(2.) SMT . Hima Devi insured who had filed the complaint died during its pendency of the complaint on 7.2.2007. Appellants as her legal heirs were brought on record vide order dated 24.3.2007, of the District Forum below.
(3.) THE facts of the case as they emerge from the complaint file are that late Smt. Hima Devi had purchased Female Critical Illness Policy, diseases covered under the policy were of various organs like breast, cervix uterus and ovaries, etc., The policy was taken on 5.9.2005. It was during the subsistence of this policy, that she became seriously ill. She got herself examined at Mohan Dai Oswal Cancer Treatment and Research Foundation Hospital, Ludhiana, where it was found that she was suffering from cancer, and she was operated upon. As per Clause 14 (a) of the policy, she was entitled for reimbusement of Rs. 1 lac incurred on treatment. According to her, she had spent more than 2 lacs on her treatment. She claimed of Rs. 1 lac. According to her she had also supplied necessary documents in support of her claim to appellant, it was rejected, without assigning any reasons vide letter, dated 30.9.2006. In this background she had filed the complaint under Section 12 of the Consumer Protection Act, 1986 for mental harasment, agony and tension, etc., against the appellant, since there was deficiency on its part.;


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