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| Consumer commission orders compensation to respondent | | | Early Times Reporter
Jammu | Jan 1
Dismissing an appeal, pending in the Commission since April 19,2005, filed by New India Assurance Company, challenging the order of the Divisional Forum Jammu, whereby the appellant Insurance Company was directed to pay Rs one lakh along with litigation charges of Rs,5000 to the respondent for indemnification of the mediclaim covered under a policy, the Jammu and Kashmir State Consumer Disputes Redressal Commission headed by Justice G D Sharma with Khalid Hussain as Member, has upheld the impugned order and dismissed the appeal as merit less with costs of Rs.10,000.
After hearing arguments of the counsel of the appellant, the Commission observed ‘We are pained to find that the appellant insurer, which is a public undertaking corporation, has with held the genuine claim of the respondent Girdhari Lal Tickoo son of Som Nath Tickoo of JDA colony, on the basis of a forged report prepared by SB Bakshi, Investigator. It is a know fact that fabrication of a false document falls under the category of cognizable offences in RPC and the investigator has not acted fairly and the insurer should have checked the veracity of such a report before refusing the medi-claim of a genuine consumer’’
While disposing off the appeal, the Commission observed that there is no illegality in the impugned order of the Divisional Forum and is accordingly up held. The appeal is found merit less and as such is dismissed with costs of Rs.10,000 to be paid by the appellant insurer to the respondent within one month from today. The appellant shall make the payment of the amount awarded by the Forum in the sum of Rs. one lakh along with interest at the rate of 6 per cent plus the litigation charges of Rs.5000 already imposed within this period, the Commission ordered. |
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