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news details
HC rejects claim petition seeking compensation for damaged house by devastating floods
11/22/2017 10:10:54 PM
Early Times Report
JAMMU, Nov 22: A single bench of Jammu and Kashmir High Court has rejected the claim of the petitioner seeking direction to the respondents to settle/release the whole of insurance/claim amount to seven lakhs along with the interest of 12% in favour of the petitioner.
From the perusal of averments made in the writ petition and in particular paragraphs 3, 4 and 5 of the same, it transpires that the petitioner has insured his house with the respondent in the year 2014 and due to devastating floods his house was damaged. Despite several representations being submitted, no positive response was received by the petitioner from the respondent-Insurance Company. Thereafter vide order dated 13.02.2015 the Insurance Company has rejected the claim of the petitioner.
The counsel for the respondents submitted that claim of the petitioner has been rejected, inter alia, on the grounds that the house of the petitioner has been damaged on account of rainfall which is not an insured peril under the subject policy and the damages to the insured building have been caused by normal settlement of land which is specifically excluded from the subject policy. Accordingly, the claim of the petitioner was rejected.
The counsel submitted that the disputed question of facts arises for consideration in this petition and the remedy is available to the petitioner under the provisions of Jammu and Kashmir Consumer Protection Act, 1987.
Justice Alok Aradhe considered the submissions and after perusing the record observed that the claim of the petitioner seeking direction to the respondents for release of amount of seven lakhs is founded on the averments that the house was damaged due to rainfall and the same was covered under the insurance policy, whereas the respondent has categorically denied the same and has rejected the claim of the petitioner on the ground that the loss is caused on account of rainfall which is not covered under the policy and the damages to the insured building may have caused by normal settlement of land which is specifically excluded from the subject policy.
Justice Aradhe held that the disputed question of facts arises for consideration in this petition does not fall for adjudication in proceedings under Article 226 of the Constitution of India, besides the petitioner has efficacious remedy under the Jammu and Kashmir Consumer Protection Act, 1987 for redressal of his grievance.
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