BAJAJ ALLIANZ GENERAL INS. CO. LTD Vs. CAPT. BIBHUTI MOHAN JHA
LAWS(NCD)-2020-8-1
NCDRC
Decided on August 04,2020

BAJAJ ALLIANZ GENERAL INS. CO. LTD Appellant
VERSUS
Capt. Bibhuti Mohan Jha Respondents

JUDGEMENT

PREM NARAIN,PRESIDING MEMBER, J. - (1.) This first appeal has been filed by the appellant Regional Manager, Bajaj Allianz General Insurance Co. Ltd. against the order dated 17.11.2014 of the State Consumer Disputes Redressal Commission, Maharashtra (in short 'the State Commission') passed in Complaint No.CC/12/254.
(2.) Brief facts of the case are that the respondent/complainant was a licensed pilot working with Air India. The respondent availed an insurance policy for loss of licence and personal accident (Aviation Plan) to secure himself in case of loss of pilot licence due to contingencies mentioned in the policy. He retired from Air India from his regular employment on 30.6.2009. He was later employed on contract basis. The respondent was reemployed on contract basis on year to year basis by the Air India. His first contract was from 17.07.2009 to 16.07.2010. The contract was renewed for another year from 19.7.2010 to 18.07.2011. During this contract period, the respondent was declared temporarily unfit for flying on 21.06.2011 and declared permanently unfit for flying on 05.07.2011. The respondent filed claim for the insurance amount under the policy (Rs.50,00,000/-) with the opposite party. The opposite party vide its letter dated 25.11.2011 denied the claim for total insurance amount, however, they offered one month salary of Rs.6,35,000/- as settlement of the claim. The respondent then filed a consumer complaint bearing no. CC/12/254 before the State Commission. The complaint was resisted by the opposite party by filing the written statement. It was stated that as per condition no.3 of the policy, the Insurance Company was required to pay only one month's salary and this sum was offered to the complainant but the same was declined by the complainant. It was requested to dismiss the complaint. However, the State Commission allowed the complaint and passed the following order on 17.11.2014:- "1. Complaint is partly allowed. 2. Opponent Insurance Company is directed to pay Rs.50,00,000/- [sum assured under the policy] along with Rs.7,50,000/- (as bonus of Rs.2,50,000/- @5% p.a. on the sum assured effective from the year 2008 to 2011) with interest @6% p.a. effective from the date of filing of complaint i.e. 25/09/2012 within period of 45 days from the date of the order, failing which the rate of interest will be enhanced to 9% p.a. from 25/09/2012 till its realization. 3. Opponents are further directed to bear their own costs and to pay costs of Rs.25,000/- to the complainant."
(3.) Hence the present appeal.;


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