New Delhi: The Delhi State Consumer Commission
has pulled up the lower forum for exceeding its jurisdiction
in awarding a mediclaim more than the insurance amount to a
"We find that the impugned order (of the District Forum VI)
deserved modification because it is quite illegal for it to
grant the claim of the insured beyond the insurance amount,"
the Commission bench, comprising President Justice B A Zaidi
and Member M L Sahni, said.
The district forum had awarded Rs 1.84 lakh amount to
complainant V K Anand, a heart patient, and directed the New
India Assurance Corporation Limited to pay Rs 90,000
compensation to him for deficiency in service in denying
The Commission modified the forum`s order, directing the
insurance company to pay the insured amount of Rs 1.3 lakh and
ordered it to pay interest at the rate of nine per cent per
annum with effect from the date the claim was repudiated.
Anand underwent heart surgery in 2006. When he approached
the insurance company for mediclaim, it was rejected on the
grounds of pre-existing disease.
He then approached the district forum, which gave him
relief in its judgement. This decision by the lower forum was
challenged by the insurance company before the state consumer