IMPORTANT POINT
It is not necessary to decide inter se dispute between defendants in a suit. However, claim of plaintiff has to be decided.

ORDER

Prem Narain, Presiding Member—This revision petition has been filed by the petitioner/OP-1, New India Assurance Company Ltd. against the order dated. 24.09.2015 passed in First Appeal No. 1135 of 2014 by the West Bengal State Consumer Disputed Redressal Commission, Kolkata (For short, State Commission’) wherein the appeal filed by the petitioner herein has been accepted in part with the modification of the order of the District Forum.

2. Brief facts of the case are that father of respondent no.1/complainant, Sk. Idu (since deceased) had taken an insurance policy styled, “Janta Personal Accident Policy” for sum insured of Rs.1,00,000. On 16.10.2012, complainant’s father died in an accident. The insurance claim was filed by the complainant /respondent no.1 which was not settled by the OPs. Hence, the case was filed before the District Forum. The District Forum vide its order dated 25.08.2014 allowed the claim of Rs.1,00,000/- alongwith interest accrued, as well as Rs.10,000/- for compensation and Rs.1,000/- towards litigation cost.

3. Being aggrieved, petitioner preferred First Appeal No. 1135 of 2014 before the State Commission. The State Commission however, accepted the appeal with modification of impugned order vide its order dated 24.09.2015 as under:-

“That the appeal be and the same is allowed in part with modification of the impugned order to the effect that the Appellant/OP No.1 shall pay Rs.1,00,000/- without any interest thereupon but with Rs.10,000/- as compensation and Rs.1,000/- as litigation cost to the Respondent/Complainant. The Appellant shall pay the total sum of Rs.1,11,000/- to the Respondent/Complainant within a period of 45 days from the date of this order, in default where of, interest @9% p.a. shall be realized on the said amount from the date of default till full realization. There shall be no separate order as to cost.”

4. Hence, the present revision petition.

5. Heard the learned counsel for the petitioner at the admission stage. Learned counsel for respondent nos. 2 & 3 was present and heard. Respondent No.1/complainant was proceeded ex-parte vide order dated 09.05.2017. Learned counsel for the petitioner stated that the father of respondent no.1 was not covered under the scheme as he does not fall in either of the categories proposed to be insured. Learned counsel for petitioner further stated that respondent no. 2 is also negligent and should be jointly and severally be liable towards the payment of the claim. Both the fora below have passed erroneous orders without looking at the objections filled by the petitioner insurance company.

6. On the other hand, it was stated by learned counsel for respondent nos.2 & 3 that in a matter with similar facts, the Hon’ble Supreme Court vide its order dated 25.11.2016 in New India Assurance Company Ltd. vs. Sugiya Devi and another has ordered the total insurance amount to be deposited by the insurance company before the District Forum and the same would be released to the complainant by the District Forum without asking for any security. Therefore, nothing remains pending in this revision petition as the same may be disposed of by ordering the insurance company to deposit the insurance amount before the District Forum and the same should be released in favour of complainant/respondent no.1 by the District Forum.

7. Learned counsel for respondent no.2 further argued that this bench in RP No.2608 of 2016 decided on 10.2.2018, though dismissed the revision petition but left open the dispute between the insurance company and GTFS subject to order of the Hon’ble Supreme Court in SLP (C ) No. 7732, 7889-7955 of 2016. He stated that in RP No.1752 of 2016 and RP No. 122 of 2016 decided on 13.4.2017, this Commission only dismissed the revision petitions without observing anything on the dispute between the petitioner and respondent no.2. The learned counsel argued that this bench of the Commission has to pass order similar to that passed by the coordinate bench and to