A323/2020

1.      This is an Appeal filed u/s 15 of C.P Act, 1986, aggrieved by the order passed by the District Consumer Disputes Redressal Forum, Udupi in CC-62/2018 on 19.12.2019.

2.      Learned counsel for appellant would submit that, appellant herein arrayed as O.P.No.1 before the Forum below is only a formal party.  In this regard, he invited the attention of the Commission as to the finding recorded by the Commission below at Page-14(g), wherein recorded, much more than that O.P.No.2 contention, particularly taken as inconsistent view in the case, because no such policy conditions to show what they exclude-5(e) is not at all produced by them.  In this regard, we are of the view learned counsel for appellant is right in contending that, these terms and conditions of the policy are in no way concerned to O.P.No.1-Bank, merely because, the husband of complainant No.1 is the account holder of the said Bank.  Facts remain that; premium was paid by late Chandrashekhar Rao to the O.P.No.2/insured.  In such circumstances, directing even O.P.No.1 viz., appellant herein to pay sum assured amount has to be held incorrect.  In other words, finding to that affect recorded by the Commission below is not only contrary to facts, but law, is liable to be set aside.

3.     Accordingly, Commission proceed to allow the  appeal in part  and in substitution of the impugned order, we direct O.P.No.2 the insured do pay Rs.10,00,000/- along with interest @ 10% p.a from 29.07.2017 till realization and do pay Rs.25,000/- towards compensation and Rs.10,000/- towards litigation costs within 60 days from the date of receipt of this order.  Accordingly, this appeal stands disposed of. 

4.      Amount in deposit is directed to be transferred to the Commission below to refund in favour of O.P.No.1-Bank.

5.      Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                            Judicial Member

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