HEM RAJ versus NEW INDIA ASSURANCE CO. LTD

Citation: [2023] 9 S.C.R. 1187 · Decided: 25-07-2023 · Supreme Court of India · Bench: B.V. NAGARATHNA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2023] 9 S.C.R. 1187 : 2023 INSC 644
1187
HEM RAJ
v.
THE NEW INDIA ASSURANCE CO. LTD.
(Civil Appeal No. 4642 of 2023)
JULY 25, 2023
[B. V. NAGARATHNA AND UJJAL BHUYAN, JJ.]
Consumer Protection – Appellant-insured is the owner of the
vehicle covered by an insurance policy issued by respondent-insurer
– Vehicle met with an accident – Medical expenses were borne by
the appellant in the treatment of the injuries sustained by the injured
– Indemnification of – Held: Evidence in the form of Exhibits C-19
to C-28 issued by the Hospital were on record, as per which the
appellant had incurred expenditure in the medical treatment of the
injured – The insurance company did not dispute these documents,
instead, the contention of the insurer before the NCDRC was that
there is no evidence on record to show that the payment was made –
The stand of the insurer in this case is not fair and just – Appellant
was not only deprived of the amount spent by him towards medical
expenses owing to the injuries sustained by the injured in the
accident in respect of which there is a third-party insurance
coverage, but has also been constrained to approach this Court –
The portion of the order of the NCDRC disallowing indemnification
of the amount spent towards medical expenses by the appellant, set
aside – Respondent to pay Rs.4,09,000/- in terms of the Exhibits
with interest at the rate of 7% p.a from the date of filing of the
complaint before the District Forum till its realization – Cost of
Rs.30,000/- be paid to the appellant – Insurance.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.4642
of 2023.
From the Judgment and Order dated 25.07.2019 of the National
Consumer Disputes Redressal Commission, New Delhi in RP No.2363
of 2017.
Ritesh Khatri, Adv. for the Appellant.
Rameshwar Prasad Goyal, J. P. N. Shahi, Advs. for the
Respondent.
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SUPREME COURT REPORTS
[2023] 9 S.C.R.
The Judgment of the Court was delivered by
NAGARATHNA, J.
Leave granted.
2. This appeal has been filed by the insured seeking indemnification
of the total amount of INR 10,36,500/- from the respondent-insurance
company, being aggrieved by the Order passed by the National Consumer
Disputes Redressal Commission (‘NCDRC’ for short).
3. Briefly stated the facts are that the appellant is the owner of a
Mahindra Pick-up Vehicle bearing registration no. PB-19H-2461 which
is used by him for his personal use. That the appellant had purchased an
insurance policy No.36060231130100003910 by paying the premium on
the policy to the respondent-insurer covering the territory of India initially
and later Nepal also. The period of the policy was from 21.03.2014 to
20.03.2015. On 11.09.2014, the vehicle was driven by Amritpal alongwith
other people who visited Nepal to attend a satsang. Just prior to entry
into Nepal i.e., before crossing the border, the appellant had got extended
the insurance policy in the territory of Nepal. On 11.09.2014 at 10.00
am, at Gorhi Chowk, Ward No.4, Gram Vikas Samiti, District Bardia
Belva (Nepal), the vehicle met with an accident. FIR No. 21 dated
14.09.2014 was duly registered in this regard. In this accident, Smt.
Santliya Tharu, wife of Ram Parshad Tharu, resident of Ward no.7,
Gram Vikas Samiti, District Banke Titeeherea (Nepal) died and Ram
Parshad Tharu was injured. He was referred to Charak Hospital and
Research Centre, Lucknow (India) for medical treatment. According to
the appellant, the medical expenses of Rs.4,09,000/- (Nepalese Rupee)
were borne by him. This fact is admitted in the document dated 01.11.2014
executed in the office of District Incharge, Crime Investigation Branch,
Home Ministry, Government of Nepal, duly signed by Jeet Bahadur Tharu,
son of Ram Parshad Tharu.
4. According to the appellant, a sum of Rs.5,00,000/- (Nepalese
Rupee) was paid by him owing to the death of Smt. Santliya Tharu
through Rajinder Kumar, representative of the appellant and Rs.24,000/
- (Nepalese Rupee) was received by Bhagat Bahadur Tharu towards
the fare of vehicles used for transporting the dead body and other funeral
rituals of Smt. Santliya Tharu. According to the appellant, a sum of
Rs.5,24,000/- (Nepalese Rupee) (INR 3,27,500/-) was paid to Jeet
Bahadur Tharu, the only son of Ram Parshad Tharu and Smt. Santliya
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Tharu and Bhagat Bahadur Tharu on a claim for death as well as vehicle
charges and expenses for funeral rituals of Smt. Santliya Tharu. Medical
expenses totalling to Rs. 6,54,000/- (Nepale

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