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| State Commission turns down Insurance Company’s plea | | Directs release of insurance cover of Rs. 10 lakh to deceased family’ | | Early Times Reporter
Jammu | Apr 2
Disposing off the complaint of rishan Gopal,(now dead) father of deceased Sanjeev Kumar Sharma, who was working as Assistant Civil Engineer with M/S Lahmeyar International and died in a road accident and covered under Group Janta Personal Accident Matter Policy, the Jammu and Kashmir State Consumer Disputes Redressal Commission in a significant judgment ordered payment of the insurance cover to the tune of Rs.10 lakhs along with interest @ 6 per cent per annum from the date of accident viz September 29,2002 till the final payment is made along with the litigation charges in the sum of Rs. 5000.
The Commission, headed by Justice (Retd) G D Sharma with Mr. Khalid Habib as its Member, based its judgment on the evidence as well as on the legal proposition, which is of vital importance for the consumers observed that ‘when reasonable interpretations of the terms of policy are possible, the interpretation which favours the insured has to be accepted and not the interpretation which favours the insurer as the terms of the insurance policy are drafted one sided by the insurance company. The Commission noticed that in this case also some loose sheets were produced on behalf of the insurance company wherein the same insured was lowered down from Rs. 10 lakhs to Rs. 5 lakhs and the limits of the works of the project in question namely Bagliar Hydro Electric Project were limited only up to the site area of the Dam within the district of Doda.
Rejecting these terms and conditions of the so-called new insurance police, the Commission turned down the pleas taken by the insurance company and ordered immediate payment of the insurance cover. .
Krishen Gopal father of deceased Sanjeev Kumar had filed a complaint with the Commission on March 23, 2004 alleging therein that the insurance company had rejected the insurance claim of his son who was killed in a road accident during the official duty. The deceased was serving as Assistant Civil Engineer with M/S Lashmeyar International, an associate company of Jai Parkash Industries Ltd. The company had obtained ‘Group Janta Personal Accident Matter Policy’ from National Insurance Company for its own employees as well as for the employees of their sister concern M/S Lahmeyar International. The claim was denied to the widow and son of the deceased on the plea that the deceased died on Sunday when the accident took place and hence could not be treated as on official duty. |
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