NEW INDIA ASSURANCE CO LTD Vs. PURUSHOTTAM AND ANR

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), at the instance of New India Assurance Co. Ltd. , assails the order dated 24.9.2009, passed by the District Consumer Disputes Redressal Forum, Shajapur in case No. 81/08.

(2.) THE appellant -Insurance Company formulated a policy called 'Master Policy on Personal Accident Insurance to Kisan Credit Card Holders' (hereinafter referred to as the policy) to provide risk coverage. The benefits under the policy were payment of amount for death due to accident caused by outward, violent and visible means, permanent total disability, loss of two limbs or two eyes or one limb and one eye and loss of one limb and one eye. The complainant/respondent No. l filed a complaint before the District Forum, stating that on 9.10.2005 his hand got entangled in thresher machine and sustained injuries of both the hands resulting in 70% disability. On the basis of this statement and since the personal accident policy was not filed, the District Forum awarded a sum of Rs. 1,00,000 with 10% interest as compensation. It is this award of the District Forum, which is under challenge in this appeal.

(3.) THE risk covered under the policy is at Sl. No. 3 which reads as under: