N.C.Ravishankar filed a consumer case on 01 Jul 2008 against Medi Assist India Pvt. Ltd.,and another in the Mysore Consumer Court. The case no is CC/08/133 and the judgment uploaded on 30 Nov -0001.
Karnataka
Mysore
CC/08/133
N.C.Ravishankar - Complainant(s)
Versus
Medi Assist India Pvt. Ltd.,and another - Opp.Party(s)
M.Y.Kumar
01 Jul 2008
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009 consumer case(CC) No. CC/08/133
N.C.Ravishankar
...........Appellant(s)
Vs.
Medi Assist India Pvt. Ltd.,and another Reliance General Insurance Company Ltd.,
...........Respondent(s)
BEFORE:
1. Smt.Y.V.Uma Shenoi 2. Sri D.Krishnappa3. Sri. Shivakumar.J.
Complainant(s)/Appellant(s):
1. N.C.Ravishankar
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
1. M.Y.Kumar
OppositeParty/Respondent(s):
ORDER
In pursuance of the move for settling this claim, the learned counsel representing the second Opposite party submitted that the second Opposite party concedes the claim of the complainant and filed a memo agreeing to pay Rs.8,236/- towards the claim of the complainant. But, the learned counsel for the complainant submits that the complainant has claimed Rs.9,906/- towards the insurance amount that is inclusive of all expenses, therefore the second Opposite party without assigning any reasons cannot cut down their liability and further submitted that there has been 8 months delay in settling the genuine claim of the complainant, as the result the complainant had to undergo mental agony and unwanted legal expenditure and thereby has submitted for awarding suitable damages.The learned counsel for the second Opposite party submitted that the complainant is not entitled for hospital registration charges etc., but failed to bring to our notice any such exclusions in the conditions of policy excluding their liability to pay registration charges. Therefore as the condition of the policy are silent and after reading the conditions it is clear that the second Opposite party is liable to reimburse the hospitalization charges, which in our view is inclusive of registration charges. Hence, the second Opposite party is liable to reimburse Rs.9,906/- to the complainant. So far, the delay of 8 months is concerned, the second Opposite party has not offered any reasons for such delay, but the counsel representing them contended that the complainant has through out contacted the first Opposite party and first Opposite party has not brought the claim of the complainant in time to the notice of the second Opposite party, therefore, the delay has occurred at the end of first Opposite party. As such, the second Opposite party is not accountable for such a delay. The learned counsel for the second Opposite party is not disputing the fact that the first Opposite party is the agent of second Opposite party who has been authorised to deal with the insured locally. The second Opposite party being a master of the first Opposite party liable for all acts and omissions of first Opposite party and therefore the second Opposite party cannot escape from the liability and to account for the delay, which has resulted in deficiency in their service.The complainant has claimed damages for mentally agony and litigation expenditure. The amount due to the complainant has not been disbursed for more than 8 months, the complainant is necessarily to put to mentally loss, therefore we propose to award damages of Rs.3,000/- towards mental agony and Rs.750/- towards cost of this litigation. With this, we pass the following order:-ORDERThe complaint is allowed.The second Opposite party is held liable to pay Rs.9,906/- to the complainant with damages of Rs.3,000/- within 30 days from the date of this order, failing which he shall pay interest at 12% p.a. from the date of this order till the payment.The second Opposite party is directed to pay cost of Rs.750/- to the complainant.