ORIENTAL INSURANCE COMPANY LIMITED & ANR Vs. ANIL RAJGARHIA & ANR ; RAKSHA TPA PVT LTD ; SARIKA A RAJGARHIA & ANR

JUDGEMENT

(1.) This order shall decide the above detailed both the cases. The complainants in these both the cases are husband and wife. They have filed the Complaints against the Oriental Insurance Company Limited. The facts entail the same question of Law. Consequently, this order shall decide both these cases.

(2.) Both the complainants had obtained individual mediclaim policies from the Oriental Insurance Company Limited- the OPs. Their policies were renewed from time to time. It was stipulated in the policies that the policy holder was entitled to 5% of cumulative bonus. Consequently, both the complainants had earned Rs.4,23,000/- and Rs.4,02,450/- respectively in both the cases separately. They got the bonus till 2006. Thereafter, it was abruptly cancelled. The complainants sent representation but it did not evoke response from the OPs. Consequently, they filed complaints before the District Forum, wherein they demanded the above said amount with costs of Rs.5,00,000/- each, as compensation and Rs.50,000/- each, towards cost of case.

(3.) The OPs did not appear before the District Forum despite service. It clearly smacks of arrogance, despotism and highhandedness on the part of the OPs. The District Forum partly allowed the complaints and directed the OPs-Insurance Company to pay a sum of Rs.4,23,200/- in the first complaint and Rs.4,02,450/- in the second complaint towards cancellation of cumulative bonus by collecting nominal premium of Rs.100/- per annum for renewal of policy for further period and to pay further compensation of Rs.10,000/- and costs of Rs.5,000/- in each complaint.