LIFE INSURANCE CORPORATION OF INDIA vs VINOD KUMAR GUPTA

THE main question which revolves around this case is "whether the respondent-husband of insured, Smt. Asha Gupta, since deceased, is entitled to the benefit of his wife ''s permanent disability ".

THE facts of this case are as follows: Smt. Asha Gupta, obtained two Life Insurance Policies from the Life Insurance Corporation of India, for sum of Rs. 1,00,000 and Rs. 40,000, respectively. This is an admitted fact that Smt. Asha Gupta slipped and fell down on 21.9.2003, when these policies were in force. She sustained grievous head injuries. She was taken to Zonal Hospital at Nahan and from there she was shifted to PGI, Chandigarh. Unfortunately, she died there on 24.4.2004. Initially, the sum of Rs. 1,66,779 and Rs. 71,029 were paid to Shri Vinod Kumar Gupta. However, respondent was not given the benefit of permanent disability as well as accidental benefit. This is not disputed that both these categories are included in both the policies.

COMPLAINT was filed before the District Consumer Forum, Shimla but the District Consumer Forum dismissed the complaint. Aggrieved by that order, Mr. Vinod Kumar Gupta preferred an appeal before the State Consumer Disputes Redressal Commission. The State Commission reversed the order of the District Consumer Forum and accepted the appeal. Ultimately, this revision petition was filed before this Forum.

WE have heard learned Counsel for the parties. Learned Counsel for the petitioner submitted that no intimation was given to the Life Insurance Corporation of India within the requisite time i.e. 180 days '' from the time of accident. This is a feckless argument. The State Commission, in its order, has clearly mentioned that intimation was given while deceased was at Zonal Hospital. The said intimation was sent by the respondentvide registered letter along with Permanent Disability Certificate, issued by the Medical Board at Nahan on 23.1.2004. Records also reveal that Smt. Asha Gupta aged about 52 years was considered to be completely and permanently incapacitated, for further service in the Department of which she belonged, in consequence of intracranical haemorrhage. She also remained in coma in PGI, Chandigarh. The State Commission rightly held that the report given by the Insurance Ombudsman at Chandigarh, cannot be accepted and the opinion of Zonal Medical Referee was vague and evasive. All these facts were noted by the State Commission. There is no evidence on record which may go to reveal that the deceased suffered permanent disability due to diabetic and hypertension. Consequently, the argument advanced by learned Counsel for the petitioner must be eschewed out of consideration.

AFTER looking too closely at evidence and records, we find that the revision petition is without force, and, the same is dismissed. Revision Petition dismissed.