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| Interim relief to flood victims | | HC seeks sample surveys from insurance companies | |
Early Times Report
Srinagar, Sept 24: The Jammu and Kashmir High Court today asked insurance companies to bring some samples of cases where survey has been conducted so that it may analyzed as to whether the interim relief would meet the ends of justice or some other course needs to be adopted.
Hearing a Public Interest Litigation filed by KCCI, a division bench comprising Chief Justice M M Kumar and Justice Ali Mohammad Magrey discussed the issue with regard to the grant of interim relief at length.
Counsel for the insurance companies apprised the court that in case of Uttarakhand, 50 percent of the assessed amount was the parameter adopted for awarding the interim relief and the same was paid within one week.
On the other hand, advocate Z A Shah, counsel for claimants, vehemently argued that the buildings insured are still under water along with the stock.
He said that the number of claims was too huge that even the interim survey report would take two years because there is a limited number of surveyors and the Bajaj Alliance has only 90 surveyors to assess the claim of ten thousand persons.
Therefore on the basis of the sum assured, 50 percent amount should be released with the stipulation that the final claim would adjust the interim relief either way, he said. "We have asked the insurance companies to bring some samples of cases where survey has been conducted so that we may analyze as to whether the interim relief would meet the ends of justice or some other course needs to be adopted," the bench said.
The counsel for the companies, the bench said, shall seek instruction on the issue of awarding interim relief on the assured amount subject to the stipulation.
"The reason for such an approach is that in many areas the water has gone upto 12 feet and whole stock of assured has been damaged. Various article which have been touched by flood water, the director of health services has issued advisory not to the touch the articles which may be contaminated and may cause health problems." In such situation, the bench said, it has to be found by insurance companies whether there could be possibility of deviating from the assured amount on the basis of adopting interim report by the insurance companies. The court posted the PIL for further consideration tomorrow. |
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