IMPORTANT POINT
Insurance policy is a contract – An insurance policy is a contract, and both parties are strictly bound by its terms.

ORDER (ORAL)

T.G. Shivashankare Gowda, President.—This Appeal is filed U/S 4L of the Consumer Protection Act 2019, by the Opposite Party No.2 (in short OP) challenging the Order dated 05.0t.2024 passed in Consumer Complaint No.22/2022 by the District Consumer Disputes Redressal Commission, Hasssan (in short, the District Commission).

2. Appellant was the OP2 and Respondents were the Complainants before the District Commission. For the sake of convenience, the rank of the parties shall be referred to as per their respective status before the District Commission.

3. The brief facts of the case are that, one Sri Ramesh (in short, the deceased) is the Husband of the Complainant No.1 and Father of the Complainants No.2 & 3. The deceased owned Rupay Platinum Debit Card issued by OP1 - Indian Bank bearing No.6079 2219, 2600 0402. The said card covered the Insurance benefit for the accidental death to the tune of Rs.2 Lakhs. On 29.10.2021, the deceased while attending his duty, riding the motor cycle bearing Registration No.KA-13EG-6804 met with an accident and succumbed to death. Since he was holding the debit card from OPs and there is an Insurance coverage of Rs.2 Lakhs, Complainants have approached OP1 to pay the Sum Assured, but OPs repudiated the claim, on the ground that, in order to avail benefit under the Card, there should be a transaction 45 days prior the incident, since there was no transaction, claim was repudiated. Pleading deficiency of service the Complainants have filed the present Complaint before the District Commission.

4. Before the District Commission, OP1 has opposed the Complaint by filing the version contending that the Claim was not made within 90 days, the relevant records are not produced, the insurance coverage is subject to terms and conditions of the policy. Since for want of particulars, the claim was rejected, there is no deficiency of service and sought for dismissal of the Complaint. Though OPs 2 & 3 have entered appearance but have not filed their versions.

5. Before the District Commission, the Complainant No.3 has filed her affidavit evidence as CW1 and got marked 6 documents as Ex-C-1 to C-6. On behalf of OPs1 & 2, one witness files their affidavit evidence as RW1 and Ex-R-1 came to be marked.

6. The District Commission after hearing both the Parties, allowed the Complaint in part and directed the OP2 to pay a sum of Rs.2 Lakhs along with interest at 10% p.a and also to pay Rs.25,000/- for deficiency of service, mental agony and cost of litigation. Aggrieved by the same, OP2 has preferred the present Appeal.

7. We have heard arguments of learned Counsel for the Appellant. Inspite of service of notice Respondents remained absent.

8. Now the point that arises for our consideration is:—

i. Whether the Debit Card bearing No. 6079 2219 2600 0402 is eligible for Insurance coverage of Rs.2 Lakhs for the accident that occurred on 29.10.2021?

ii. Whether the Order of the District Commission in allowing the Complaint in part is perverse, illegal and calls for interference?

iii. What Order?

:REASONS:

Point No (i)

9. There is no dispute regarding the relationship between Complainants and the deceased. The deceased was holding Platinum Debit Card while riding the Motor Cycle on 29.10.2021, met with an accident and succumbed to death. In view of the death, the Rupay Platinum Debit Card held by him attracts the accidental coverage of Rs.2 Lakhs. Complainants have approached the OPs to settle the claim. Claim was repudiated as the said Card is not eligible for the accident that took place on 29.10.2021.

10. Perusal of the records clearly point out that, in order to enjoy the benefit of Rs.2 Lakhs under the Insurance coverage, the required compliance is contemplated in the Policy itself. For the benefit of easy appreciation of facts, we extract the same, as below:—

“The policy of Insurance is called as ‘Group Personal Accident and Business Travel Accident Policy’. As per policy, the benefit is made availab