IMPORTANT POINT
Agreements, the meaning of which is not certain, or capable of being made certain, are void.

ORDER

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.

4. Aggrieved by the order of the District Forum dated 31.10.2013 the complainant as well as the opposite party No.2/petitioner herein preferred separate appeals before the State Commission. The State Commission dismissed the appeal No.54/14 filed by opposite party no.2/petitioner herein and allowed the appeal No.67/14 filed by the complainant and modified the order of the District Forum to the effect that the complainants are entitled to the entire amount assured under the policy i.e. Rs.15 lacs with interest @12% per annum from 29.12.2004 till realization.

5. Hence the present revision petition by the opposite party No.2/petitioner herein.

6. Heard the learned counsel for the parties and perused the record. Learned counsel for the petitioner stated that the insurance was attached to the credit card issued by the HSBC Bank and the condition for availing insurance benefit was that the card holder should be an active member. As per the brochure, the following definition has been given for an active member:-

“All benefits listed below are provided by the National Insurance Company Ltd. and are available only to “active” primary Credit cardholders (excluding Zero lost card liability).

An ‘active’ primary Classic Credit card for the purpose of a PAC claim is defined as a Credit card that has been utilised at least three times for the purpose of customer initiated purchase and/or cash advance transactions within 89 days prior to the date of accident to the Credit cardholder.”

7. The case of the complainants is that the husband of the complainant No.1 has died in an air accident and the insurance cover is for Rs.15,00,000/- as per the following provision given in the brochure:-

“2. Personal accident insurance

Effective 1 September 2002, primary Classic Credit cardholders are covered for up to Rs.15,00,000 in the event of loss of life in an air accident. For loss of life due to other accidents the cover is Rs.1,50,000.”

8. The basic condition for availing the cover is that the card holder has to be an active member as per the definition of active member given in the scheme. For a cardholder to be an active member, the card must have been used atleast three times within 89 days pr