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2014 Supreme(UK) 38

B.C.KANDPAL, C.C.PANT
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
SABAR SINGH KUNWAR – Respondent


Advocates:
For the Appellant : Mr. Suresh Gautam, Learned Counsel
For the Respondent No. 1: Mr. Pradeep Bartwal, Learned Counsel
For the Respondent Nos. 2 to 4: Mr. Ashok Dimri, Learned Counsel

ORDER

Per: Justice B.C. Kandpal, President (Oral):

This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 08.10.2010 passed by the District Forum, Chamoli in consumer complaint No. 02 of 2010, whereby the District Forum has allowed the consumer complaint against the appellant and directed the appellant to pay the insured amount of Rs. 50,000/- to the respondent No. 1 – complainant together with interest @8% p.a. from the date of filing of the consumer complaint till payment; Rs. 2,000/- towards mental and

financial agony and Rs. 2,000/- towards litigation expenses.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that Kunwar Naresh Bahadur Singh, the deceased son of the complainant, was a student of Class – VIII in Government Intermediate College, Gamshali, Chhinka, District Chamoli in the academic session 2007-08. At the time of depositing the fee, sum of Rs. 20/- was deposited towards premium under Student Safety Insurance Policy and under the said policy, in the event of accidental death of the student, sum of Rs. 1,00,000/- was to be paid to the nominee. On 15.02.2008, the son of the complainan











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