BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, RAJASTHAN, JAIPUR


Appeal No. 598/2007


1.

M/s. Citibank Card Member Services, through its Manager, Anna Salai, P.O. Chennai- 600 002.
2.

Manager, Consumer Care, M/s. Citibank Card Member Services,

Anna Salai, P.O. Chennai- 600 002.

..Appellants-Opposite Parties


VS


1.

Satyavir Singh Chauhan, C-68, C-Scheme, Sarojini Marg, Jaipur.

..Respondent-Complainant

2.

M/s. Royal Sundaram Alliance Insurance Co. Ltd., 45/46, Sundaram Towers, White Road, Chennai- 600 014.

..Respondent-Opposite Party


Before:

Mr. G.S. Hora, Presiding Member

Mr. Sikandar Punjabi, Member


Present:

Mr. Akhleshwar Pandy, counsel for the Appellants

None appeared for the Respondent No. 1.

Mr. Jugal Koshore Agarwal & Mr. R.K. Tongawat, counsels for the Respondent No.2.


ORDER Dated: 07.07.2009


PER Mr. G.S. HORA, PRESIDING MEMBER


This appeal arises out of the order dated 27.1.2007 passed by the learned District Forum, Jaipur-II, Jaipur whereby the Appellant Citibank and M/s. Royal Sundaram Alliance Insurance Co. Ltd. have been directed to pay to the Complainant a sum of Rs. 5,00,000/- along with interest @ 9% per annum from 3.2.2007 till the date of payment besides Rs. 5,000/- towards cost of litigation.


The Complainant who was holder of Citibank Masters and Visa Card subscribed to Citybank Suraksha Personal Accident Insurance Royal and Citibank Suraksha Credit Shield Tata AIG. He met with an

accident in the last week of January, 2002 as a result of which he was declared 15% permanently disabled. The only argument raised is that the award of Rs. 5,00,000/- is against the terms and conditions of the

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policy. The case of the Complainant is covered under the Group Personal Accident Insurance Policy, the benefits of which are as follows:


“If at any time during the currency of the Policy, the Insured Person shall sustain any bodily injury resulting solely and directly from accident then the Company shall pay to the insured person or nominee as the case may be the sum or sums hereinafter setforth --

a)--

b)--

c)--

d)--

e)If such injury shall within twelve calendar months of its occurrence be the sole and direct cause of the total and/or partial and irrecoverable loss of use or of the actual loss by physical separation of the following, then the percentage of the sum insured as indicated below shall be payable:


1.

to xi) ---------


12.

Any other permanent percentage as assessed by the

partial disablement panel doctor of the Company”


The learned counsel for the Appellant has submitted that as per terms and conditions, the Complainant could have been entitled to get Rs. 75,000/- only whereas the learned District Forum has awarded Rs. 5,00,000/-.


We have considered the arguments advanced by the learned counsel for the Appellant.


The total disability as per the certificate has been shown to be 15% and therefore the Complainant could have been awarded the benefit of that percentage as was assessed by the Doctor. Keeping in view the above fact, the Complainant was entitled to get Rs. 75,000/- only.


For the forgoing reasons, the appeal deserves to be accepted partly. Consequently, the Complainant is entitled to get Rs. 75,000/- instead of Rs. 5,00,000/-. The impugned order of the leared District Forum stands modified to the above extent.


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The appeal is disposed of accordingly.



Member Presiding Member