LIFE INSURANCE CORPORATION OF INDIA Vs. JASWANT SINGH CHAUHAN
LAWS(HPCDRC)-2009-6-1
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 04,2009

LIFE INSURANCE CORPORATION OF INDIA Appellant
VERSUS
Jaswant Singh Chauhan Respondents

JUDGEMENT

CHANDER SHEKHER SHARMA - (1.) THIS appeal is directed against the order passed by District Forum Shimla, Camp at Nahan, in Consumer Complaint No. 31/2005, dated 11.1.2007 whereby complaint of the respondent was allowed and appellants were directed to waive off the future premium upto Rs. 20,000 and give benefit of double accident as provided in Clause 10 -2(a) against policy No. 150548477 to the respondent @ 9% per annum with effect from the date of the complaint, i.e. 6.4.2005 till realization with litigation cost quantified at Rs. 1,500.
(2.) FACTS of the case as those emerge from the complaint are, that respondent filed a complaint under Section 12 of the Consumer Protection Act, 1986 against the appellants wherein it was alleged that the respondent had taken a double accident benefit insurance policy bearing No. 150548477 from the appellants. The sum insured under the said policy was Rs. 25,000. Respondent met with an accident on 1.6.2003 as a result of which, the respondent sustained multiple injuries including fracture in the spinal cord and he remained under treatment at Zonal Hospital, Nahan. Respondent became permanently disabled on account of the accidental injuries, as such he is entitled to the benefit of waiver of the future premium to the tune of Rs. 20,000 and also for the grant of accidental benefit. Appellants did not waive off the premium nor gave the benefit on account of disability to the respondent, as such complaint was filed.
(3.) APPELLANTS in the present case filed their version while contesting the case and submitted that the respondent did not intimate the appellants regarding disability caused due to accident and there was breach of policy condition and disability certificate did not show the type of disability as to which part of the body was disabled, as such the respondent was not entitled to any benefit. Brief resume of the evidence led by the appellants as well as respondent in nutshell is, that the appellants in the present case filed affidavit of Mr. K.P.S. Rawal, Manager (PS/SSS/CRM), LIC of India, as well as certified copy of the statement of Dr. M.L. Gupta, given by this doctor before the Workmen's Compensation Commissioner, by way of additional evidence in this appeal. On the other hand respondent has filed his own affidavit and various documents viz. Annexure -A LIC policy, Annexures B to E premium receipts, Annexures -F to J copies of various reports made to the Police Post, Kala Amb, Annexures -K to M discharge slips from Civil Hospital, Sirmaur and permanent disability certificate No. 714, dated 20.3.2004, Annexure -N as well as copy of the letter of LIC dated 9.12.2004, Annexure -O.;


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