L I C OF INDIA vs CHANDRA KANTA LOKHANDE

-WE have gone through the order passed by the State Commission. It appears that the State Commission has dismissed the appeal solely on the ground that there was suppression on the part of the deceased with regard to the ailment and the treatment taken by the deceased. As per the order, the deceased was having ailment of dyspepsia and for that a certificate is produced on record. On that basis the State Commission dismissed the appeal and held that the District Forum was justified in holding that the Insurance Company has rightly repudiated the claim.

WE have gone through the papers at the time of hearing of this matter. We have also heard the learned Counsel for the LIC as well as the respondent in person. Prima facie, it appears the order passed by the State Commission cannot be justified because ''dyspepsia'' is not a serious ailment. It is a symptom with regard to to indigestion. (The meaning of ''dyspepsia'' as stated in the Taber''s Cyclopedic Medical Dictionary, is : Imperfect or painful digestion. Not a disease in itself but symptomatic of other diseases or disorders. Characterized by vague abdominal discomfort, a sense of fullness after eating, eructation, heartburn, nausea and vomiting, and loss of appetite. These symptoms may occur irregularly and in different patterns from time-to-time. The symptoms are increased in times of stress.) Hence, order passed by the State Commission requires reconsideration. The respondent who is the wife of the deceased appeared in person and stated that she is a poor woman and has no means to engage an Advocate and, therefore, revision petition was not filed.

Hence, in exercise of our power under Section 21 (b) of the Consumer Protection Act, 1986, we issue notice to the LIC as to why the impugned order should not be set aside. Mr. S. P. Mittal, learned Counsel appearing on behalf of the LIC waives notice.

CONSIDERING the facts and the submissions of the respondent and also her request for appointment of an Advocate, Ms. Kanchan K. Dhodi, Advocate, R/o D-78, Defence Colony, New Delhi 110 024 (Mobile No. 9811031769) is appointed as amicus curiae to appear in this case on behalf of the petitioner. She may be given a sum of Rs. 2,500 as out of pocket expenses by the Registrar from the Consumer Legal Aid Account. A complete set of paper-book may be given to her by the Registry. Learned Counsel for the petitioner, Mr. Mittal seeks eight weeks'' time for obtaining necessary instructions. Time, as prayed for, is granted.

STAND over to 10. 10. 2007 for final disposal. Meantime, the petitioner shall deposit Rs. 20,000 with the Commission within a period of four weeks from today. Registry to invest the said amount in the name of the respondent, Mrs. Chandra Kanta Lokhande, for a period of more than 6 months. Ordered accordingly.