ANDHRA BANK, CREDIT CARD DIVISION, HYDERABAD Vs. DINAS VERVATWALA

JUDGEMENT

(1.) The unsuccessful first opposite party in CC 152/2007 before the District Forum II, Hyderabad has filed this appeal questioning the legality and propriety of the order in directing payment of Rs. One lakh towards insurance amount and compensation with joint and several liability along with 2nd opposite party insurance company. The impugned order is assailed as erroneous contrary to the facts, evidence on record and law and sought it to be set aside.

(2.) The facts of the case disclose that the complainant is a Physical Fitness Trainer having a number of clients in her occupation. While so, there was a fire accident at her home and sustained burn injuries, for which, she took treatment and incurred an amount of Rs.5,25,000/-. That she had taken Credit Card issued by OP 1 bank with a tie up with Insurance policy issued by the OP. 2 to cover personal accidents. The complainant applied for payment of insurance claim but the claim was repudiated.

(3.) The opposite parties 1 and 2 in their version have resisted the claim. Their defence is that since the complainant had suffered only 20 to 25% disability and as per the terms and conditions unless there is permanent loss or damage by the accident there is no necessity to pay insurance claim to the card holder and thereby the claim was repudiate.