Srinagar, Dec 2 :
In a significant judgement, Consumer Court Baramulla on Monday disposed of an extraordinary insurance claim, directing the insurer to pay a sum of rupees fifty-nine lac, including twenty lac as compensation, towards the litigant.
A double-judge bench, led by Peerzada Qousar Hussain as President and Nyla Yaseen as Member, delving into a case filed before the Consumer Court by Asifa Begum, a Proprietor at Dar Traders & Suppliers, on April 26, 2024, relying on a relevant judgement remarked that the Insurance Company has repudiated the claim of the complainant arbitrarily and without any valid grounds.
The Complainant had prayed to seek payment of rupees one crore as compensation for deficiency in service and negligence on part of the respondent (Insurance Company), after the latter didn’t honour the claim. The Complainant had maintained that they had purchased a vehicle (Tata Signa) and subsequently got it insured with Reliance General Insurance Company. The vehicle however met with an accident at Udhampur, suffering extensive damage, even as the particular mishap caused the death of the driver.
Despite approaching the insurance company with all the requisite documents, the aggrieved party (complainant) claim was downplayed, even as not allowed to have the opportunity to get heard.
The Complainant contended in her case that she had to pay a monthly installment of rupees 56,600 since the vehicle was purchased on finance. She also was made to pay an amount of rupees fifteen towards the deceased driver. The Complainant was not in a position to pay for the repairs of the vehicle, putting her into mental agony and trauma. “Further the complainant alleges that due to non-settlement of insurance claim she has suffered loss of Rs.4 Lacs monthly from the date of incident viz 04-12-2021 which amounts to Rs.64 Lacs till the institution of the complaint. Besides, the vehicle is presently in the workshop of the O.Ps which has been kept in deteriorating conditions for a long time. The non-settlement of the claim of the complainant has put the whole family of the complainant into harassment and mental agony which constrained her to approach the District Consumer Commission for redressal of her grievance.”
Relying on facts, witnesses and relevant judgements passed over the time, the Double-judge bench, as per GNS, remarked that the Complainant is entitled to be compensated for the damages caused to her insured vehicle.
The bench accordingly disposed off the case, ordering that the O.Ps (insurers) are directed to pay the insured amount of Rs.29 Lacs (Rupees Twenty Nine Lacs) to the complainant for the damaged vehicle along with interest @8% from the date the claim was registered with the O.Ps till its realization; the O.Ps (insurers) are further directed to pay an amount of Rs.20 Lacs (Rupees Twenty Lacs) to the complainant as compensation for putting her into mental agony and harassment; the O.P. No.1 (herein General Manager Fairdeal Tata Motors, Parimpora Srinagar) & 5 (Nadeem Ashraf, District Sales Manager, Fairdeal Motors, Parimpora Bypass) are directed to refund the parking charges to the complainant if any paid by her from the date the damaged vehicle was stationed in the workshop of the O.Ps; The O.Ps (insurers) are further directed to pay an amount of Rs.50,000/- (Rupees Fifty Thousand) to the complainant as litigation charges and an amount of Rs.20,000/-(Rupees Twenty Thousand) towards the Consumer Welfare Fund Baramulla.
“This order shall be complied with by the O.Ps within a period of four weeks from the date the copy of this order is served upon them, asserted the Court, adding further, the complainant shall however be at liberty to approach the concerned ARTO/RTO for maintenance of record reference and documentation if required,” the Bench remarked.
With yet another significant judgment of its type, the Consumer Court led from the front by Peerzada Qousar Hussain as President with able assistance from Nyla Yaseen as Member, the Consumer Court has encouraged more of the aggrieved customers to approach the Court to seek redressal of the genuine grievances. (GNS)