Insurance Cos Refuse To Obey, Flout Court Orders

SRINAGAR:  Allegations are galore that Bajaj Allianz and other insurance companies processing the insurance claims of the flood victims cheat them by not sending them payments direct into their accounts after signing settlement documents with them.

A legion of aggrieved flood victims who have approached Bajaj Allianz and other insurance companies for settlement of their claims say ” We approached the insurance companies, got the surveys conducted by the surveyors of the concerned insurance companies and signed the necessary settlement documents with them. The time we signed the settlement documents with the functionaries of the concerned insurance companies were assured that payments will be transferred directly into our accounts. 

However stipulated time period of 15 days has elapsed but the payments have not been transferred to our accounts by the concerned insurance companies so for”. They threatened to stage protests across Kashmir if the concerned insurance companies fail to transfer the payments as per the settlement documents and directives of the Supreme Court of India and Jammu & Kashmir High Court”.    

Earlier last month Jammu and Kashmir High Court directed insurance companies to pay interim relief to the people who have suffered damage due to the devastating flood in September.

The court also directed Bajaj Allianz to comply with the direction instead of proceeding on the basis of survey reports alone.

A division bench of the High Court comprising Chief Justice M M Kumar and Justice Ali Muhammad Magrey directed the insurance companies to pay 50 per cent of insured amount for policies above Rs 25 lakh and 95 per cent for policies below Rs 25 lakh as interim relief to the flood-affected people in the State.

However, the court made it clear that in cases where the survey report has been received, the amount should be disbursed as per the surveyor's assessment.

The court said the spirit of the order passed by this court on September 26 and 30 and October 1, was expeditious disbursement of the amount so that people who have suffered extra-ordinary damages in the floods may start their life.

The court said that in such cases an undertaking was required to be filed.

The court said that in cases where the survey report has been received, the amount be disbursed as per the assessment made by the surveyor. However, this would be considered under protest, as the remedy to challenge the preliminary or final survey report would remain open to the claimant under the ordinary law.

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