ASHOK KUMAR DEHRIA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal assails the order dated 12.5.2009 of the District Consumer Disputes Redressal Forum, Chhindwara passed in C.C. No. 131 of 2008 whereby the complaint of the appellant has been dismissed

(2.) THE appellant was covered by Group Policy (Group Janta Personal Accident Policy) by Western Coalfields Limited (WCL) with understanding with the Insurance Company that in the event of WCL being saddled with compensation, the Insurance Company shall pay to the extent of Rs. 5 lacs. The appellant met with an accident on road and got a fracture in his left femur. The appellant, therefore, filed a claim for compensation but the said claim was dismissed on the ground that insurance amount was payable only when one of the limbs or one eye was permanently impaired which was not the case with the claimant.

(3.) WE have examined the conditions contained in the policy of the New India Assurance Company Limited which read as under: Policy Benefits Employee Spouse Accidental Death Rs. 5.00 lacs Rs. 1.00 lac Permanent Total Disability Rs. 5.00 lacs Rs. 1.00 lac Loss of 2 Limbs or 2 Eyes Rs. 5.00 lacs Rs. 1.00 lac Lass of 1 Limb or 1 Eye Rs. 2.50 lacs Rs. 50,000 This apart the disability adjudged by the Medical Board, Chhindwara shows that he had only 50% disability in the left leg. It would be seen from the discharge paper it is only permanent disability that can be taken into consideration if it falls within the parameters laid down by the Insurance Company. Thus, 50% disability does not count for compensation. We are, therefore, of the view that in the facts and circumstances of the case where he has been adjudged 50% disabled, no case for compensation has been made out. The appeal is dismissed.