Appeal No.1609/08



ICICI Lombard General Insurance Co.Ltd. Appellant

V.

1.Kishan Lal

2.Vijaypura Gram Seva Sahakari Samiti Ltd.

3.Chittorgarh Kendriya Sahkari Bank Ltd. Respondents



Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Jitendra Mitruka,counsel for the appellant

Shri Manish Mathur,counsel for the respondents



Date of judgement: 5.3.2009

This appeal has been filed by the appellant which was op no.3 against the order dated 9.7.08 passed by the District Forum, Chittorgarh in complaint no.56/08,by which the complaint of the complainant res.no.1 was allowed against the appellant in the manner that the appellant insurance company was directed to pay Rs.50,000/- the amount of the policy with interest @ 9% p.a and further to pay Rs.25,000/- as amount of compensation for mental agony.


It may be stated here that the complainant res.no.1 had filed a complaint against the appellant insurance company as well as res.no.2 &

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3, before the District Forum,Chittorgarh on 21.1.08 interalia stating that his brother Shobha Lal,now deceased was insured with the appellant insurance company with the Member of Kisan Credit cCard Scheme of res.no.2 & 3 for a sum of Rs.50,000/- and the deceased had died on 19.2.06 and thereafter a claim was preferred but since at the time of accident,the deceased was not having a licence,therefore,the claim was not payable and complaint was filed.


The District Forum after hearing both the parties,through the impugned order dated 30.8.07 had allowed the complaint as stated above.


Aggrieved from that order,this appeal has been filed by the appellant insurance company.


In this appeal,the only contention raised on behalfof the learned counsel for the appellant insurance company is that when the insured amount had been ordered to be paid with interest,further awarding a sum of Rs.25,000/- as amount of compensation for mental agony was not justified and to that extent,appeal be allowed.


In our considered opinion,looking to all facts and circusmtances of the case since the claim was repudiated in an arbitrary manner and since the complainant res.no.1 had to file a complaint before the District Forum and further to face the appeal before this Commission,therefore,if a sum of Rs.10,000/- is awarded as amount of compensation in place of Rs.25,000/-,that would meet the ends of justice.


For reasons as stated above, this appeal filed by the appellant insurance company is partly allowed in the manner that in respect of the

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amount of compensation for mental agony of Rs.25,000/-, the appellant would pay only a sum of Rs.10,000/- in place of Rs.25,000/- and to that extent,impugned order dated 9.7.08 passed by the District Forum,Chittorgarh be treated as modified. Rest order is maintained.




Member President