NATIONAL INSURANCE CO LTD Vs. REJI V

JUDGEMENT

(1.) These two revision petitions have been filed by the petitioner National Insurance Co. Ltd. against the order dated 26.9.2015 of the State Consumer Disputes Redressal Commission, Kerala, (in short 'the State Commission') passed in Appeal Nos.54/14 & 67/14.

(2.) Brief facts of the case are that 1st respondent/complainant is the widow and 2nd and 3rd respondents/complainants are the children of Capt. C.S. Anil Prakash who died in air crash at Hyderabad on 29.12.2004. He was a holder of HSBC Classic V Card having No.456342420000952219. Authorities of the opposite party No.1/respondent No.4 HSBC had assured that a Classic Card holder would get personal accident insurance for Rs.15 lacs in the event of loss of life in an accident. On 29.12.2004, Anil Prakash died in an air accident at Hyderabad while he was working as Chief Flying Instructor in Andhrapradesh Avitation Academy. 2nd Opposite party Insurance Company repudiated the claim of complainants. Therefore, complainants filed the complaint claiming the Insurance amount of Rs.15 lacs and Rs.2,00,000/- as compensation.

(3.) The complaint was resisted by both the opposite parties i.e. by the petitioner and respondent No.4 by filing their respective written statement. However, the District Consumer Disputes Redressal Forum, Vazhuthacaud, (in short 'the District Forum') partly allowed the complaint and directed the opposite party no.2/petitioner herein to settle the claim on non-standard basis by allowing 50% of the amount assured (that is 50% of Rs.15 lacs) with 8% p.a. interest from the date of filing of the complaint (that is from 21.03.2006) within two months from the date of receipt of the order.