Early Times Report
Srinagar, Dec 3: The state high court has dismissed a petition by an insurance company against Rs 112000 award passed by the Divisional Consumer Protection Forum Kashmir in favour of a man whose son allegedly disappeared from the custody of the ITBP in 2001.
Divisional Manager National Insurance Co. Ltd had filed the petition before the court against order dated 14th July, 2012 passed by the Divisional Consumer Protection Forum, Kashmir and upheld by the J&K State Consumer Disputes Redressal Commission Srinagar in its order on 17th May, 2013.
Both the forums concurrently held the man, father of the victim was entitled to sum of Rs.1 lakh to be paid by the Insurance Company.
Besides, the man Ghulam Hassan Koka has been held entitled to sum of Rs.10,000 on account of mental pain and agony and sum of Rs.2000 as litigation charges. In total sum of Rs.1,12,000 has been awarded in favour of the Koka whose son Mohammad Ashraf Koka, working as Process Server in the court of Sub Judge, Bijbehara, Anantnag.
He was allegedly picked up by the personnel of ITBP, 10th Bn from his house on 27th October, 2001 and thereafter he never returned.
The case for indemnification of insurance claim was forwarded by the High Court on 05 February 2010 to the Nodal Officer, Finance Department, Civil Secretariat Jammu and the Nodal Officer concerned in turn forwarded the case to Insurance Company for release of the insured amount, but the Insurance Company did not entertain the claim and returned the same on the ground that it was time barred.
Division bench of Justices Sanjeev Kumar and Sindhu Sharma ruled, "all the factors taken cumulatively would demonstrate that the death of the son of respondent no.1 was due to external violence and, therefore, the plea of the petitioner-Insurance Company that it was not covered by the Insurance Company is without any substance," the court said and dismissed it. |
