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Judgment
THIS appeal is directed against the order of the District Consumer Disputes Redressal Forum, Pondicherry, dated 2.3.1999 passed in C. No. 80/98.
THE appellant is the Branch Manager of the New India Assurance Company Limited, Pondicherry. THE respondent/complainant complained that there is deficiency of service in setting the claim under the Medi-claim policy. THE District Forum on a consideration of the material facts and on certain undisputed facts found that there has been delay in settling the claim of the complainant and awarded a compensation of Rs. 10,000/- besides a cost of Rs. 500/-. Mr. A. Ramachandra Babu, the learned Counsel for the appellant raised the only contention and vehemently contended that the award of compensation of Rs. 10,000/- is on the higher side and a nominal compensation amount would alone have been awarded as the earlier order passed by the Forum is pending challenge before the National Commission and after that closely following the disposal of the earlier claim before the National Commission the present claim has been settled. The respondent rightly points out that the claim has not been settled within a reasonable time but after a lapse of five months after the disposal of the case by the National Commission.
In our considered view the pendency of the appeal before the National Commission need not have delayed the claim of the present case and that is also the approach of the District Forum.
THERE is a delay of five months even after the disposal of the earlier claim by the National Commission and there is a delay of more than one year in settling the Medi-claim. The claim was Rs. 6,959/- which has since been paid. Taking into consideration the quantum of Medi-claim and the totality of the circumstance, we are inclined to hold that the award of Rs. 10,000/- is on the higher side. The respondent has been served with the notice and he has written a letter stating that he is not in a position to appear in person and he has already set out his objection in the counter and the same may be treated as his representations and arguments.
TAKING into consideration the totality of the circumstances, the quantum of the total Medi- claim being Rs. 6,959/-, and the period of delay being less than two years we are inclined to reduce the compensation awarded by District Forum from Rs. 10,000/- to Rs. 6,000/- which will meet the ends of justice on all heads and confirm the award in other respects. In the result, the appeal is allowed in part. Both parties shall bear their respective costs throughout. Appeal allowed in part.