ORDER (COMMON)

K. Ranga Rao, Member Judicial.—As both these appeals i.e. FA 68/2019 and FA 77/2019 arose out of the one and the same order i.e., order dt.18.12.2018 passed in CC. No. 330/2015 by the District Consumer Forum, Ranga Reddy, they are being disposed of by this common order.

2. For the sake of clarity it is to be mentioned at the threshold that one Mrs. K. Mary who is the wife of the deceased insured late Sudhakar, along with her three minor children being the complainants 1 to 4 filed CC 330/2015 against opposite parties 1 and 2. Opposite party No.1 is M/s. Indusind Bank Secunderabad. Opposite party No.2 Cholamandalam General Insurance company ltd, Secunderabad. Both opposite parties 1 and 2 contested the said CC 330/2015 by filing their written versions and evidence affidavits and also by marking documents.

At this juncture, for the sake of clarity it is to be mentioned that no documents were marked on behalf of opposite parties 1 and 2. But the District Forum though stated that opposite party No. 2 filed some documents (Annexure) but they were not marked but however the District Forum preferred to the said Annexure 1 to 4 as documents filed by the opposite party No. 2, in the appendix of the evidence.

3. The facts of the Consumer Complaint CC 330/2015 are as follows:-

The Complainant No.1 is the wife of the deceased insured late Sudhakar. They both worked as pastor at Grace Bible Bapist Church at Kandlakoya Village, Medhcal Mandal Ranga Reddy District Under the control of Bharath Bible Church, Dabilpurs, Medchal Mandal and used to earn a salary of Rs.8,000/- per month they had an account in opposite party No.1 Bank which provides a Group Personal Accident benefit for its account holders. The said account provides a Group Personal Accident Master vide policy No.APG-00006609-000-00, the period covered from 14.07.2011 to 13.07.2012 and the coverage of accident benefit is Rs.2,00,000/-. The complainant No.1’s husband died in a road accident on 08.07.2012 at about 11.45 p.m when the policy was in force and the Gandhinagar Police booked a case vide FIR No. 148/2012 dt.09.07.2012 U/Sec 304-A of IPC. Immediately, the complainant No.1 intimated the same to Opposite Party No.1 authorities for claiming death benefits. They promised the complainant No.1 that they will send the intimation to their insurer immediately. Number of times, the complainant No. 1 approached the Opposite Party No. 1 but they postponed the matter on one pretext or other. On 16.07 2015, the complainant received a letter dt.27.03.2013 from Opposite Party No.2 expressing their inability to consider the claim due to above policy conditions. When the complainant No.1 approached Opposite Party No.1 authorities, they also supported the Opposite Party No.2 Hence this complaint.

4. The Opposite Party No.1 filed written version and submitted that there is no claim against them and they are made only as a formal party in the complaint. It is submitted that the husband of the complainant No.1 purchased Honda Shine Self Disk 125 cc Motor cycle for a sum of Rs.49,878/-. For availing 2 wheeler loan of Rs.42,000/-, a contract bearing No.AHY07344H, Dt.07.07.2011 was executed by the complainant No.1’s husband with Opposite Party No.1. The interest charges payable by him was Rs.7,878/. Thus the total amount repayable by him was Rs.49,878/- in 18 EMIs of Rs.2,771/- and the 1st EMI was commenced on 07.07.2011 and the contract expires by 07.12.2012.

It is submitted that the complainant No.1’s husband obtained Group Personal Accident Master Insurance Policy being the two wheeler customer of Opposite party No.1 from opposite party No.2 bearing Master Policy No.APC-00006609-000-00 with Endorsement No. APG-00006609-024-00 and the period of insurance policy was from 14.07.2011 to 13.07.2012. As per the said insurance coverage, in the event of death of the insured, the Opposite Party No.2 is liable to pay a Rs.2,00,000/- to the legal heirs of the customer. As per the GPA Insuran