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SCC directs Insurance Company to pay Rs.3 lakh to complainant
9/28/2009 11:32:39 PM
Early Times Report
Jammu, Sept 28- ¬Setting aside the order of the Divisional Forum Jammu, the State Consumer Commission (SCC) has directed Kotak Mohindra, Mutual Life Insurance Company to pay Rs three lakhs along with 9% interest to the widow of the deceased from the date of filling of the complainant till final payment is made besides Rs.6000 as litigation charges. This significant judgment was passed by the State Consumer Commission in appeal filed by Kunti Devi widow of Swarn Singh against the order of Division Forum Jammu passed on April 10, 2007. The facts of the case are that the husband of the appellant Swarn Singh had obtained medical claim policy for rupees three lakhs from the respondent effective from September 21, 2004. The policy has to expire on September 21, 2009 but unfortunately the insurer died on October 7, 2004 with receiving any medical aid.
State Consumer Commission headed by Justice GD Sharma (retd) while disposing off the complaint observed that in the present case initial burden of suppression of material facts dishonestly or fraudulently was on the respondents which have not been discharged. In this view of the matter, the Commission accepts the appeal and directs the Insurance Company to pay rupees three lakhs along with interest to the complainant. JNF
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