BRANCH MANAGER LIC OF INDIA Vs. P V VARGHESE

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Kottayam in O. P. No.719/ 1996. The opposite party is the appellant.

(2.) Shortly stated, the allegations in the complaint are as follows. The complainant met with an accident on 18.9.1992 while travelling on a bicycle. The doctor, who treated the complainant certified disability of 50%. The complainant had taken a policy under Money Back policy of LIC of India with double accident benefit scheme. The claim was made on the basis that there is a permanent total disability as provided in the policy. Claim was rejected by the opposite party. Hence the complaint.

(3.) In the version opposite party contended that only in the case of total permanent disability the complainant will be entitled to get the double accident benefit. Ext. A3 is the wound certificate. It is seen that at the time of accident the complainant sustained fracture of the right femur. Open reduction and internal function of the fracture with plate are seen done. In post operation period he developed infection. As a consequence several treatments were given. The District Forum took the view this would come within the purview of the policy and passed an order directing the opposite party to the pay an amount of Rs.1 lakh as disability benefit.