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| Commission asks Insurance Company to pay compensation | | |
Early Times Report
Jammu, Jan 20
The State Consumer Dispute Redressal Commission (CDRC) today directed Oriental Insurance Company Limited to indemnify the complainant to the extent of insured risk of Rs 1.50 lakh along with interest at the rate of 9 per cent per annum.
The Commission comprising Justice GD Sharma (retd) president and BL Saraf (retd Sessions Judge) Member directed the management of the company in response to a complaint filed by Kanta Jain of Sainik Colony Jammu against Oriental Insurance Company Limited for claim to indemnify the complainant to the extent of insured risk along with interest at the rate of 9 per cent per annum from the date of filling complaint till final payment is made.
The Commission also awarded compensation to the tune of Rs 50,000 as complainant has suffered emotionally, physically and mentally and also Rs 10,000 as litigation expenses with the direction that recovery of compensation amount from those official/officials who after departmental enquiry were found responsible for unpardonable behaviour.
The Judgment Written by Justice (retd) GD Sharma for the Commission after hearing Advocate L K Sharma appeared for the complainant and Advocate S S Khajuria appeared for the insurance company observed that the entry seems to be of fraudulent nature because the concerned manager who had inscribed it has been found quite ignorant about the fact that replacement of the right knee had already been done on March 2, 2006 and insured liability discharged by the Insurance company.
To add insult to the injury, the concerned manager himself has not dared to enter the witness box in order to lend credence to the entry, but in proxy Girdhari Lal Manager has been produced in order to defend it.
With these observations the Commission allowed the medical claim and directed the Insurance Company to pay risk cover of Rs 1.50 lakh with compensation Rs 50,000 and litigation charges Rs 10,000 to the complainant.
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