While asking the insurer to pay the accident victim's claim, the National Commission also directed Dabur India to pay an interest at 9% on Rs1.85 lakh and Rs8,000 as cost to its insured employee
The National Consumer Disputes Redressal Commission (NCDRC) has asked Oriental Insurance Company Ltd to pay Rs1.85lakh to an accident victim. The Commission also directed Dabur India Ltd to pay an interst of 9% per annum on Rs1.85 lakh and also Rs8,000 as cost to the victim, who was insured employee of the company.
In an order issued on 12 May 2014, the National Commission said, “Sufficient documents had already been given to the insurance company for deciding the claim and they could have made payment on the basis of those documents. The act and conduct of the insurance company in demanding more documents was not justified and amounted to deficiency in service.”
The 10-year old case relates to Harpreet Singh Oberoi, an insured employee of Dabur, who met with an accident in 2004. However, since Oriental Insurance did not make any settlement regarding the accident expenses of Rs1.85 lakh, Oberoi filed a complaint before the District Forum.
In its order on 17 July 2007, the District Forum said, “The Insurance Company should pay the claim amount of Rs1.85 lakh to the complainant (Oberoi), while the employer (Dabur India) should pay 9% interest per annum on the amount of the claim and Rs5,000 as compensation for non-supply of documents in time and Rs3,000 as cost of litigation.”
Aggrieved by this judgement, Oriental Insurance filed an appeal before the State Commission arguing deficiency in service was on part of Dabur India, which, the insurer alleged did not supply requisite claim documents in time.
The State Consumer Commission, while maintaining interest and cost as per the District Forum's order, said, “The insurance company and the employer, Dabur India would be jointly and severally pay the entire amount of Rs1.85 lakh to Oberoi”.
Dabur India then approached NCDRC seeking restoration of order issued by the District Forum. “District Forum held that the insurance company was liable to make payment of claim of Rs1.85 lakh. Payment of interest on the amount claimed and some compensation by the petitioner (Dabur India) and the said direction was not challenged by the petitioner (Dabur India) and hence, it has attained finality,” the National Commission said in its order on 12 May 2014.
Confirming with the District Forum, the NCDRC said, “The insurance company was liable to make payment of claim of Rs1.85 lakh. They also held that for failure of Petitioner (Dabur India) in not supplying the documents, they were liable to pay interest on the said amount at 9% per annum, Rs5,000 as compensation and Rs3,000 as cost of litigation.”
While setting aside the State Commission judgement, the NCDRC accepted and restored the order issued by the District forum.
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION (NEW DELHI)
REVISION PETITION NO. 3656 OF 2012
Complainant: Harpreet Singh Oberoi
Petitiioners/Opposite Parties: 1. Dabur India Ltd.
2. Oriental Insurance Co. Ltd. (Chandigarh, Mumbai, Jalander)