05-05-2016 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

2. Inspite of fixing this case for ex-parte hearing, nobody appears for the parties.

3. A petition was filed for condoning the delay of about four months in filing this appeal.

Though the explanation is not satisfactory but keeping in view the pendency of this appeal for about four years, the delay is condoned in the interest of justice.

4. The case of the Complainant in short was as follows. She was nominee of the deceased - insured who died in car accident in the mid night of 13/14.03.2006 during the insurance coverage. FIR was lodged. She lodged insurance claim on 12.10.2006 but inspite of repeated requests the claim was not paid.

5. The Case of the O.P. -1 – Appellant in short was as follows. It approached O.P. -2 – R-2 – HDFC Chubb General Insurance Company Ltd. for extending the benefit of Group Personal Accident Insurance Coverage to its members and accordingly the insurance coverage was granted. O.P. -1 – Appellant a simply service provider and/or facilitator in procuring such insurance coverage without having any liability for settlement of claim. The Complainant was nominee of the insured. The deceased had insurance coverage from 27.02.2005 to 16.03.2008. O.P. -2 – R-2 is liable to pay the sum assured.

6. O.P. -2 – R-2 neither appeared nor filed written version before the learned District Forum.

7. The Complainant proved it’s case which was not contradicted by the O,P. -1 – Appellant. The learned District Forum held that there was deficiency in service on the part of the opposite parties and directed them to pay the sum assured i.e. Rs. 1,00,000/- + 10,000/- as compensation + 2,000/- as a cost of litigation within three months of the order, failing which the Complainant would be entitled recover the same through process of law.

8. Thus, the liability to pay the sum assured has not been disputed by the O.P. -1 – Appellant. The only contention of O.P. -1 – Appellant is that O.P. -2 – R -2 is liable to pay.
9. It appears that the complaint case was decided on contest against O.P. -1 – Appellant and ex-parte against O.P. -2 – R -2. The opposite parties were directed to comply with the order.

We may only clarify that both the O.Ps. i.e. the Appellant and R -2 are jointly and severally liable to comply with the impugned order.

Accordingly, O.P. -1 – Appellant and O.P. -2 – R -2 are jointly and severally directed to comply with the impugned order within 45 days of this order, failing which, the insured amount will also carry simply interest @ 10% per annum from the date of this order till the date of payment/realization.

This appeal thus stands disposed off.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated:-  05-05-2016