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| Consumer Forum asks insurance firm to pay claim with interest | | | Early Times Reporter
Jammu | Apr 19
Divisional Consumer Forum Jammu in a complaint directed United India Insurance Company to make payment of Rs 1, 18, 424 /- along with interest to Romesh Gupta Prop RK Traders Narwal Jammu.
According to the complaint, the complainant had obtained Marine Cargo open policy which was effective from July 14, 2003 to July 13, 2004 and total sum insured was 1, 95, 24, 000/-. As per the policy limit per transits was Rs 5 lacs. The complainant sent consignment of apple worth Rs 1, 45, 453 to a party in Janakpur Dham, Nepal. The vehicle carrying fruit met with an accident near Dasua Punjab and most of the fruit was damaged. The matter was reported to the police and the Insurance Company. As per practice and terms & conditions of police, consignments not damaged was partly sold in Dasua and partly in Jammu for which the complainant incurred expenses and recovered an amount of Rs 15, 137. The insurance company has resisted the claim on the ground that the complaint is time-barred and raises complicated questions which needs production of relevant records by both the parties, so can be settled by a civil court in a regular try and not by the consumer forum.
Divisional Consumer Forum Jammu comprising its President Mr. SL Pandita and Mrs. Minu Sharma its members after considering all the facts and referred various judgments of Supreme Court observed that Apex Court held that terms of policy governed the contract between the parties. They have to abide by the definition given therein and something cannot be added.
The judgment written by Mr. SL Pandita President of the Forum observed that in the present case policy itself provide from anywhere in Jammu to anywhere in India so within territory of India the policy was effective though destination of consignment was place beyond territory of India. By applying the terms of conditions of policy regarding consignment from any where in Jammu to anywhere in India, the consignment was covered under the policy within the territory of India. The insurance company have neither settled the claim nor repudiated the claim thus has indulged in deficiency in service. There is no legal impediment in allowing the complaint, the complaint is therefore allowed and United India Insurance Company to make payment of Rs 1, 18, 424/- along with interest @ 6% PA from the date of complaint till realization. Complainant is also held entitled litigation of Rs 2000/-. |
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