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Judgment
Dr. Inder Jit Singh, Presiding Member
The present First Appeal (FA) has been filed by the Appellants against Respondent as detailed above, under section 19 of Consumer Protection Act 1986, against the order dated 30/09/2015 of the State Consumer Disputes Redressal Commission ,Odisha, Cuttack, (hereinafter referred to as the “State Commission”), in Consumer Complaint (CD) no 64/1999 inter alia praying for setting aside the impugned order dated 30/09/2015 of the State Commission vide which Appellants have been directed to pay a sum of Rs. 2.5 Lakhs towards insurance claim with interest @ 7% p.a. from 18/10/1997 to 25/11/1999 and Rs.3000/- towards litigation expenses to the respondent within two months.
While the Appellants were the Opposite Parties (OPs), the respondent was Complainant in the said CD 64/1995 before the State Commission.
Notice was issued to the Respondent on 19/04/2016. Operation of impugned order was stayed subject to Appellants depositing 50% of the awarded amount with State Commission. A request letter/application dated 21/11/2016 was received from the Respondent, stating inter alia that he is suffering from physical illness and financial calamity and can not engage a lawyer to contest the case and also can not appear personally before the Commission. Hence, he is filing this application as a counter reply to FA 142/2016 filed by the Appellants and Commission may accept this and pass appropriate orders. The Respondents has stated that he was having total and permanent loss to his right eye within six months from 01.10.1997, so he is entitled to get the claim of 50% of sum assured of Rs. 5 lakhs along with interest from date of claim till date of payment. He further stated that he claimed the interest from 18/10/1998 till 25/11/1999 by mistake, now he claims interest from 18/10/1997 till the date of making payment of the claim to him. Appellants filed written Arguments/Synopsis on 01.02.2023. Brief facts of the case, have been mentioned in the order of the State Commission, hence not repeated here.
Appellants have challenged the Order dated 30/09/2015 of the State Commission mainly/inter alia on following grounds:
i. The policy only covers the accidental death, permanent total disablement, actual loss of one eye/eyes, hand/hands, foot/feet but does not cover the 30% loss of vision of a particular eye.
ii. The policy does not cover the temporary disablement or permanent temporary disablement. The policy specifically only covers the 100% total disablement or actual loss by physical separation of one entire hand/foot or both or total and irrecoverable loss of sight of one eye.
Heard counsel of Appellants. We have carefully gone through the appeal, and written submission filed by Appellants, orders of the State Commission, application dated 21/11/2016 filed by respondents, contentions of Appellants raised during oral hearing on 09/05/2023 and other relevant case records. We find no illegality or infirmity in the orders dated 30/09/2015 of the State Commission. The appeal lacks merits and is dismissed with cost of Rs 10,000 to be paid by Appellants to the Respondent (in addition to cost of Rs. 3000/- awarded by the State Commission). The order of State Commission is upheld with following modifications:
Interest on Rs 2.5 lakh payable as per order dated 30/09/2015 shall be payable with interest @ 7% p.a. from 18/10/1997 till the date of actual payment to the respondent. The amount deposited with State Commission along with accrued interest as well as balance payable by the Appellant-OP with interest up to the date of actual payment shall be paid to Respondent within two months of this order. Any delay by Appellants in paying the due amount beyond two months shall carry interest @ 12% p.a.
The pending IAs in the case, if any, also stand disposed off.