news details |
|
|
| SCDRC accuses Insurance Company of its culpable negligence | | ‘Orders payment of claim along with interest’ | | JAMMU, MAR 10
In a significant judgement, the Jammu and Kashmir State Consumer Disputes Redressal Commission, (SCDRC) while disposing off two appeals relating to payment of insurance, has accused the New India Assurance Company of its culpable negligence for not deputing any surveyor for over three years to assess the loss of the insured damaged property and ordered payment of the claim of Rs.3 lakh along with 6 per cent interest per annum from January 8, 1999, the date of filling the complaint before the Forum, till its realization as also litigation charges of Rs.5000 and compensation of Rs.15000 for mental and physical agony.
The Commission headed by Mr. Justice G D Sharma, President and Mr. Khalid Hussain Member, after hearing arguments and going through the relevant records and the witnesses, observed that New India Assurance Company, had failed to settle the claim of the petitioner Ghulam Nabi of Gutha Bhagwal of Doda district whose insured residential house was gutted in a fire on February 15, 1995 during the currency of the policy, forcing the petitioner to approach the Commission.
Taking serious notice over the delay in clearing the claim of the petitioner, the Commission observed that ‘the insurer was statutorily bound under the provisions of the Insurance Act and the terms of the insurance contract to get the alleged loss verified from its surveyor(s) but to our utter surprise and horror, we find that there was culpable negligence on its part for more than three years for not deputing any surveyor on the spot.
The Commissioner further observed that it becomes obligatory on the part of the higher ups in the administrative hierarchy of the insurer to locate the delinquent(s) who, for three years has( have) slept over the claim by not taking any effective action. Such lapse should not be allowed to re-occur which is the demand of its bonafide consumers whose hard earned money is always at the stake.
The Commission in its judgement maintained that in view of the matter, the appeal of the petitioner Ghulam Nabi Khan, whose claim is to the extent of Rs.3 lakh, is accepted with interest at the rate of 6 percent per annum and accordingly the appeal filed by the insurer is dismissed.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
