x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   SAC approves use of forest land for developmental purposes | SAC approves re-structuringof Commercial Taxes Department | SAC approves promotion of IPS officers | SAC approves hike in SPOs’ honorarium | SAC approves signing of MoU for setting up Composite Regional Centre at Jammu | Power shutdown | Police patrol party attacked with grenade in Baramulla, two cops injured | Army jawan arrested on spying charges from Meerut Cantonment | World should thank us for eliminating terrorism: Pakistan Army spokesperson | Students from Kashmir need to submit 'no criminal record' certificate to study in Punjab | 3 terrorists killed, 1 police personnel martyred in Srinagar encounter, search on | Jammu, Ladakh expose PDP, NC's politics of competitive separatism | Tourism promotion in Jammu region, BJP's claims prove hoax | Failure to implement SLWM likely to cost JK govt Rs 650Cr | Inspecting sweet shops during festivals merely eye-wash | Amid #MeToo outrage, JK victims suffer as women commission is headless | Contractuals run the show in BGSBU Rajouri | Employees confused over Health Insurance Scheme | J&K Bank half-yearly net profit grows 44% to 146 Cr | GMS Satrari lacking infra, violating norms | Will Farooq Abdullah boycott Assembly poll too? | BJP- a house of satire politics | Towards Zero Hunger and Sustainability | Work on construction of Bunkers along IB stalled | Municipal polls culminate with dismal voter turn-out in Srinagar, Ganderbal districts | ZEO office functioning from private building for last 15 years | Construct bridge on Mendhar nallah | SDH Mandi faces staff shortage, patients suffer | NC, PDP shouldn't have boycotted JK civic polls: Guv | 2 absconders arrested | HC closes PIL, orders protection of artifacts | 9 yrs on, GREF fails to complete upgradation of Rajouri-Budhal road | HC grants 8 weeks for status report on recovering Gulmarg land | Infantry cycle rally to commemorate Infantry Day | Training imparted to counting staff in Rajouri | DEO holds meeting with candidates before counting of votes | Intera Diocesan Schools Sports Competition held | CTP on Commercial Organic Horticulture Organised | Cluster University holds first academic council meeting | Vyas deliberates on issues raised by trade, industrial bodies | Kumar for effective law enforcement to prevent, control pollution | IT raids MG enterprises, Rashtriya Industry, Janta industry in Jammu, Samba | TT Championship U-17 of Khelo India concludes | GDC Udhampur conducted Industrial visit | Shaheen FC, J&K Bank Academy reaches Final of Tournament | Youth Ramleela Natak Club stages Ramleela | MV Inlt' School celebrated World Food Day | vHarman dance institute organizes workshop on dance | APS Ratnuchak lift Khelo India Basketball | DGPC facilitates bicycler | Rajiv Gandhi College holds awareness rally on Swachh Bharat | Bovine smuggling bid foiled, 10 bovines rescued | Govt notifies 88 new services in 16 Departments under PGSA | Stolen bike recovered, two arrested | World Bank team to visit on Oct 22, review progress of JTFRP | Eight Sport climbers leave for Delhi for further coaching | Officers put on highest alert in view of bi-annual Darbar Move | JKHB removes encroachments on Channi park | 11 Munsiffs promoted as Sub-Judges | Scenes from Ramayana enthralled devotees | HC disposes of plea seeking Anantnag bypolls | 10 years jail to fraudster | Cent percent household electrification in J&K soon: Commissioner Secy PDD | Oil Tankers Assosciation calls for Indefinite strike | JPS celebrates 14th Annuals sports Day | DPS Jammu wins medals in TT tournament | Plus 2 lecturers for expediting regularization process of incharge incumbents | Div Com Jammu reviews progress of Dev Projects | 2 PHE officials suspended for negligence of duty | Water crisis in Kishtwar, Bhandari lambasts PHE Department | Teacher's JAC Thathri demands action against corrupt officials | NSUI prez quits after sexual harassment charges, Rahul Gandhi accepts resignation | Chairman JKGB Janak Raj Angural inaugurates new premises | Joint team inspects Private coaching Centres | SPA asks authorities to take steps against anti encroachment | 11 bovines rescued, smuggler arrested | AAP-J&K rejects suggestions of High Level State Committee | Govt clueless over laws governing Assembly suspension: Harsh | SSDF demands sedition case against Mehbooba | Mass protest of FMHWWA enters day 51 | ABVP celebrates World Food Day | JJSF starts fast on students martyr day | GMC surgery deptt to organize 7th annual conference | Documentary "Peering Souls and Peering Warriors" screened | Free dental camp organized by HelpAge India | MNP urges workers to gear up for Panchayat elections | JKMF demands release of salary to watch & ward employees of BSNL | Three Regional Councils only acceptable to all: MPEJ | KVK organizes certificate distribution camp | ABVP Jammu criticizes AMU students' act | GHSS Nagseni organized Industrial tour for IT students | 172 officials of Armed Police promoted in J&K | Back Issues  
 
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.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU