National Insurance Company Limited v. T. S. Sethi Insured
2015-09-23
HASNAIN MASSODI, N.PAUL VASANTHAKUMAR
body2015
DigiLaw.ai
JUDGMENT : N. Paul Vasanthakumar, J. 1. This appeal is filed against the order passed by the J&K State Consumer Disputes Redressal Commission, Srinagar, dated 21.07.2015, whereby the Commission has directed the appellant to entertain/register the claim made by the respondent for settlement of the insurance claim and process the same under law with reasonable dispatch. 2. The complainant/ respondent submitted his insurance claim for the loss of his property , which came to be insured with the appellant. The said claim having been submitted beyond the period of 15 days, the claim was not entertained. The respondent having aggrieved of the said action of the Insurance Company filed Application before the J&K State Consumer Disputes Redressal Commission, Srinagar, and prayed for directions to the Insurance Company to entertain the claim and process the same. 3. The Commission having disposed of similar matter which was affirmed by this Court in National Insurance Company Limited v. Alfa Home Appliances, (CIMA No. 4/2015 decided on 10.02.2015), directed the appellant to register the claim of the respondent and process it under law. Having aggrieved of the said order, this appeal is filed. 4. The issue as to whether the flood victims can submit the claims beyond the time mentioned in the policy or during the extended period by the Insurance Company, was considered by this Court in CIMA no. 13./2015 ( National Insurance Company v. Shafiq-ur-Rehman Nengroo) and CIMA no. 32/2015 (National Insurance Company Limited v. Tehmeena Akhtar and anr) and it was held that due to the peculiar situation prevailed in the State of Jammu and Kashmir due to unprecedented floods of September, 2014 and by following the earlier judgment of a Division Bench of this Court, narrow interpretation of the Insurance Policy is not permissible and sufficient cause being shown for the delay in submitting the claim, similar orders passed by the Commission were upheld. 5. For the very same reason and in the light of the said decision, we are not persuaded to accept the contention of the Insurance Company. The appeal is dismissed in limine. No costs.