LAWS(APCDRC)-2010-8-14

UNITED INDIA INSURANCE CO.LTD Vs. P.RAMYAKRISHNA

Decided On August 05, 2010

JUDGEMENT

(1.) This is an appeal preferred by the Insurance Company against the order of the District Consumer Forum directing it to reimburse the tuition fee of Rs.45,600/-.

(2.) The case of the complainant in short is that her father took an insurance policy under tailor made personal accident scheme for Engineering students and parents by paying a premium of Rs.660/, whereby in case of death of the student, the Insurance Company would pay Rs.2,00,000/- and in case of death of the parents, the Insurance Company would reimburse Rs.3,00,000/-, apart from the tuition fee of not more than Rs.25,000/- per annum and hostel fee of Rs.25,000/- per annum. While so, her father died in a road accident on 20.8.2004 and although the death claim of Rs.3,00,000/- was paid, the Insurance Company refused to pay tuition fee of Rs.25,000/- per annum and Rs.25,000/- towards hostel fee covered under clause 1(b) of the said policy. Therefore, she filed the complaint claiming the amounts together with interest and costs.

(3.) The Insurance Company resisted the case. While admitting the issuance of policy and payment of Rs.3,00,000/- on the death of the insured, it alleged that the complainant was not entitled for reimbursement of hostel charges. She had submitted a receipt dated 4.6.2005 issued by Sri Sandhya Womens Hostel for Rs.2,500/- per month claiming Rs.25,000/- in collusion with the Hostel Director. When an investigator was appointed he opined that they were all fabricated. Even in the notice issued by the complainant she claimed only Rs.45,000/- towards tuition fee and Rs.50,000/- towards hostel or boarding charges for the years 2005-2006 and 2006-2007 and she did not claim hostel charges in the complaint. Therefore, it prayed that the claim was false and it has to be rejected.