V.P.PADMAKUMAR MANAGER, POPULAR MEGA MOTORS (INDIA) PVT LTD Vs. INSURANCE OMBUDSMAN & ANR
LAWS(NCD)-2020-2-32
NCDRC
Decided on February 11,2020

V P PADMAKUMAR MANAGER Appellant
VERSUS
INSURANCE OMBUDSMAN Respondents




JUDGEMENT

Prem Narain, Presiding Member - (1.) This appeal has been filed by the appellant namely 'Mr. V.P. Padamakumar' against the order dated 27.07.2018 of the State Consumer Disputes Redressal Commission, Kerala (in short 'the State Commission') passed in C.C. No. 181/2017.
(2.) Brief facts of the case are that the appellant / complainant had taken two insurance policies bearing no. 441800/2008/51 and 441800/48/010/1301. First Policy no. 441800/2008/51 was a personal accident policy with sum assured ?25 lacs and second policy no. 441800/48/010/1301 was a group accident policy which was for sum assured of ?5 lacs. During the currency of the policies, the appellant / complainant met with an accident by lightening which damaged his ears and consequently his hearing ability. The certificate has been issued by the competent authority that one of the ears of the complainant has lost hearing ability upto 90% and other has lost hearing ability of 10%. The insurance company gave an amount of ?3,37,000/- and ?2,87,500/- in respect of two policies for the settlement under the policies. Not satisfied with the settlement of the claims, the complainant first represented before the Insurance Ombudsman which vide order dated 11.06.2013 dismissed the complaint. Against the order of the Insurance Ombudsman, the complainant approached the Hon'ble High Court of Kerala and Hon'ble High Court vide its order dated 06.01.2016 gave liberty to the complainant to approach the appropriate forum against the order of the Ombudsman. Then the complainant filed a consumer complaint bearing no. 181/2017 before the State Commission on 26.07.2017. After hearing both the parties, the State Commission dismissed the complaint vide its order dated 27.07.2018 on the ground of limitation. Hence the present appeal.
(3.) Heard the learned counsel for the appellant and perused record.;


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