BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

CC.NO. 86 OF 2020 Between:

1) Mr. Captain Jangam Raghunath Gowd, S/o Late Sri J.M.Goud, R/o. Plot No.21 &23, Santho shimaa Colony, Near AOC Gate, west Marredpally, Secunderabad-500026.

……. Complainant And

1.The Oriental Insurance Company Ltd., Rep by its Divisional Manager, Aviation Underwriting Cell, Oriental House, 2nd Floor, #7, Tata Road, Churchgate, Mumbai, Maharashtra. India – 400020.

2.M/s Jet Airways (India) Limited, Rep by its Director, Address at Soriya Centre, Sahar Airport Road, Andheri (E ), Mumbai, Maharashtra. India.

Pin 400099.

… Opposite parties 1 & 2 Counsel for the Complainant : M/s. KRR Associates Counsel for the Opposite Party No.1 : Mr. S.Satyananada Rao Counsel for the Opposite Party No.2 : [Paper Publication filed]

QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

Hon’ble Smt.R.S.Rajeshree, Member (Non Judicial).

TUESDAY, THE NINETEENTH DAY OF NOVEMBER, TWO THOUSAND TWENTY FOUR *****

Order : (Per Hon’ble Sri K.Ranga Rao- Presiding Officer-

Member - (Judicial).

1). This complaint is filed on 29.12.2020by the Complainant namely Mr.Captain Jangam Raghunath Gowdu/s. 47(1) of Consumer Protection Act,2019 praying this State Commission to direct opposite party No.1Insurnace company :

(a )To pay TOP-UP Policy amount of Rs.1,15,00,000.00(Rupees one crore fifteen lakhs only) with interest @ Rate of 24% p.a. from the date of payment till realization.

(b) To pay balance amount of Rs.57,50,000/-. Towards the base policy and to pay compensation of Rs.10,00,000/- with interest @

24% p.a. from the date of payment till realization.

(c) To pay a sum of Rs.10,000,00/- towards mental agony and unfair trade practice with interest @ 24% p.a. from the date of payment till realization.

(d) To pay damages and costs of Rs.1,00,000/-with interest @ 24%

p.a. from the date of payment till realization.

And to pass such other relief or reliefs as this State Commission deems fit and proper in the circumstances of the case.

The brief averments of complaint are as follows:

2). The complainant was an Airline Pilot and having the Airline Transport Pilots Licence (ALTP) vide No.1485, issued on 08.09.1989 by the Director General of Civil Aviation, Government of India.

The complainant was employed by the opposite party No.2 M/s. Jet Airways ( India) Limited from 21.11993 and was Designated as Senior Commander and was flying Air Bus Airplanes A330/300 all over the World with an impeccable record of about 20,000/- Hours of Flying time experience till the last operated flight on 21.01.2016, which the complainant had flown the International Flight from Brussels to Mumbai. The complainant has worked with the opposite party No. 2 during his entire service period and was operating flights(Flying) till the last day of his ALTP Licence was cancelled.

The opposite party No.2 Jet Airways has obtained a Group Insurance Policy in the year 2009 from opposite party No.;1 Oriental Insurance Co. Ltd and the said policy was in existence till 2018. The policy is named as wad tailor made and was called “Aviation Lose of License Insurance Policy (Group) vide Policy No.112400/43/2016/65 (LOL) by paying premium amount of Rs.1,06,01,973/-. The policy was issued to all the employees of about one thousand members of opposite party No.2, by opposite party No.1 upon agreed terms and conditions. The complainant was also member of the group (LOL) Policy since 2009 and was also a member of the National Aviators Guild (NAG) Pilots union since inception. As per the terms and conditions of policy, in case of any claim, the policy is covered for an amount of Rs.1,15,00,000/-

(Rupees one crore fifteen lakhs only).

The complainant further submits that opposite partyNo. 1 insurance company along with Oppositeparty no.2 Jet Airways and the Pilot Association (NAG) after vide consultations since the year 2013, have come up with the Tailor made additional “TOP UP” Insurance Policy along with the existing pri