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2016 Supreme(P&H) 2806

RAKESH KUMAR JAIN
Oriental Insurance Company Ltd. – Appellant
Versus
Vishal Pal – Respondent


Advocates:
For the Petitioners:Mr.Ashwani Talwar, Advocate,
For the Respondents:Mr.Gopal Sharma, Advocate,

JUDGMENT

Mr. Rakesh Kumar Jain, J. - This petition is directed against the order dated 13.2.2014 by which application filed by respondent No.1 under the Legal Services Authority Act, 1987 (for short ‘the Act’) has been allowed and the petitioner has been directed to pay Rs.3,00,000/- to respondent No.1 within 45 days, failing which it has been ordered to pay interest @ 9% per annum from the date of institution of the application till payment.

2. In brief, respondent No.1 obtained “Happy Family Floater Policy” [for short ‘the Policy’] from the petitioner vide Policy No.215391/48/2013/718, valid from 8.10.2012 till mid night of 7.10.2013, by which as many as six members of the family of respondent No.1 were covered. The sum assured in the policy was Rs.3,00,000/- only. Father of respondent No.1 felt severe chest pain on 27.5.2013 and was taken to Sethi Hospital, Gurgaon where he remained admitted upto 28.5.2013 and due to his critical condition, referred to Medanta Global Health Private Limited, Gurgaon. A sum of Rs.12,016/- was incurred on his treatment at Sethi Hospital, Gurgaon and after that he remained admitted in Medanta Health Private Limited, Gurgaon from 28.5.2013 to 2.6.2013




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