- (1.) This is an application for restoration of the revisional application which was dismissed for default on 6.6.2011. The cause for nonappearance as shown in paragraph 3 is found satisfactory. The application for restoration is allowed. The revisional application is restored to its original file and number. On consent of parties the main revisional application is taken up for hearing.
(2.) This revisional application is directed against the judgment and order dated 26th December, 2008, passed by the State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No. FA/08/240 whereby and whereunder the appeal filed by the petitioner was dismissed.
(3.) The Opposite Party No. 1 claimed to have taken a Janata Personal Expenditure Insurance policy bearing policy No. 100300/47/01/9600022/01/96/30072 from the petitioner which is valid from 1.6.2002 to 31.5.2017 covering an insurance of Rs. 10 lakhs through one Golden Multi Service Club, who under the contract between them and the petitioner, was entitled to market and sell the said policy. It is a specific case of the petitioner that he met with an accident and sustained an injury on a right knee and the said accident was diarised with the local police station. The petitioner was taken to a Government Hospital and the X-ray indicates the fracture on the right pattela. The petitioner was admitted in the hospital on 6th November, 2005 and was released on 7th November, 2005. Subsequently, the petitioner consulted various doctors and ultimately was advised the surgery of total replacement of right knee but for want of money the same could not be done. Ultimately, the Medical Board after examination opined the sufferings to the extent of 70% of permanent disablement and the movement was advised by the said Medical Board with help of escort.;