FA/108/2010. Case: 1. The Divisional Manager National Insurance Co. Ltd., 2. The Branch Manager National Insurance Co. Ltd. Raiganj Branch, Mohanbati Vs 1. Sumanta @ Sumantra Paul S/o Late Basanta Paul, 2. The Manager Golden Trust Financial Services Raiganj Branch, Mohanbati. West Bengal State Consumer Disputes Redressal Commission

Case NumberFA/108/2010
Party Name1. The Divisional Manager National Insurance Co. Ltd., 2. The Branch Manager National Insurance Co. Ltd. Raiganj Branch, Mohanbati Vs 1. Sumanta @ Sumantra Paul S/o Late Basanta Paul, 2. The Manager Golden Trust Financial Services Raiganj Branch, Mohanbati
CounselFor The Appellant: Mr. S.Dey, Ld. Advocate and For The Respondent: Mr. Avik K.Dutta, Ld. Advocate
JudgesMrs. S.Majumder, Member and Mr. S.Coari, Member
IssueConsumer Law
Judgement DateSeptember 23, 2010
CourtWest Bengal State Consumer Disputes Redressal Commission

Order:

Mr. S.Coari, Ld. Member

The present Appeal has been directed against the judgement and order dt. 31.12.09 passed by Uttar Dinajpur District Consumer Forum at Raiganj in Consumer Case No. 44/2009 wherein the Ld. District Forum allowed the petition of complaint ex parte with cost against the Ops/Appellants/ Insurance Company with a direction upon the Ops to pay 1,20,000/- and Rs. 10,000/- towards compensation together with Rs. 1,000/- by way of litigation cost in favour of the complainant.

The Complainant/Respondent''s case before the Ld. District Forum, in brief, was that the complainant was a bonafide policy holder with the OP/Insurance Company. While the complainant was enjoying such insurance coverage having a sum assured to the tune of Rs. 2,00,000/-, the complainant met with an accident resulting amputation of his right hand. The insurance claim put forward by the complainant was repudiated by the OP and hence, the petition of complaint.

Ld. District Forum while disposing of the petition of complaint ex parte has observed that the complainant was very much entitled to get some monetary relief from the Ops towards his insurance claim and assessed the same at 60% of the sum assured, i.e. Rs. 2,00,000/- and in doing so kept in mind that the extent of disablement of the complainant due to the accident was adjudged by Medical Authority to be 60% also and accordingly, disposed of the case in the manner mentioned above.

Being aggrieved and dissatisfied with such finding of the Ld. District Forum the Ops/Insurance Company has preferred the present Appeal.

The only moot question that revolves round the present Appeal is as to whether the Ld. District Forum was justified in disposing of the case in the manner discussed above.

DECISION WITH REASONS

Ld. Advocate for the Appeal while arguing the case has submitted before us that the Ld. District Forum has failed to apply its mind to the actual state of affairs of the case and as such, has arrived at a wrong and improper decision which is not at all sustainable under the law. Ld. Advocate while elaborating his submissions has urged before us that the amount which has been awarded by the Ld. District Fokrum in favour of the complainant has got no basis at all. According to the Ld. Advocate, the manner in which the yardstick of assessment has been fixed by the Ld. District Forum in fixing the amount of award is unheard of. According to the Ld. Advocate, no reliance should be placed upon such...

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