NATIONAL INSURANCE CO. LTD Vs. NATIONAL INSURANCE CO. LTD
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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M. THANIKACHALAM J. -
(1.) The 2nd opposite party is the appellant.
(2.) The 1st respondent in this appeal, as complainant, approached the
District Forum, seeking a direction against the opposite parties, to pay
a sum of Rs.66,580/-, being the amount incurred for obtaining duplicate
passport, and for a further sum of Rs.50000/-, as compensation, for the
mental agony, said to have been suffered by him, interalia contending,
that he had taken overseas policy, which covers compensation for
obtaining emergency travel documents, and fresh passport, that while he
was at Paris on 12.5.2002, accidentally and inadvertently missed his
passport, that in order to secure travel documents, and duplicate
passport, he had spent a sum of Rs.66,580/-, that based upon the policy,
when he lodged a claim, it was repudiated by the opposite parties,
thereby committing deficiency, leading to mental agony, for which the
opposite parties should pay the above said sums.
(3.) The 2nd opposite party admitting the policy, as well their liability
under the policy, would contend that the complainant had failed to
produce the necessary documents viz. Embassy receipt, copy of emergency
certificate and receipt of other expenses incurred by the petitioner, due
to loss of passport, despite reminder, and therefore non-payment of the
amount, cannot be termed as deficiency, in view of the admitted fact that
the complainant alone had committed deficiency, in not furnishing the
required documents, thereby praying for the dismissal of the complaint,
denying other averments also.;
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