Excelsior Correspondent
SRINAGAR, Sept 30: Jammu and Kashmir High Court today rejected Insurance Companies’ application for modification of its earlier order regarding interim relief to the businessmen who suffered huge losses due to floods.
The Division Bench comprising Chief Justice MM Kumar and Justice Ali Mohammad Magrey rejected the application of Insurance Companies’ regarding modification of HC direction passed on September 26 in which court had directed Insurance Companies to pay the businessmen of at least 50 percent insured amount as interim relief.
Four companies – National Insurance Company, New India Assurance company, United India insurance Company and Oriental Insurance Company – had moved an application before the court for modification of the order.
The court had directed Insurance Companies to pay 95 percent insured amount as interim relief to the businessmen whose insurance is below Rs 25 lakh and 50 percent as interim relief to those whose insurance is above Rs 25 lakh.
After going through the reply of four companies, court expressed its complete dis-satisfaction and rapped all the four companies and observed “don’t try to be very smart, I know your officers are smart but it is the time to be realistic.” Court directed all the four companies to file the additional affidavit along with necessary documents up to 5 p.m. today.’
The HC after perusal of the reply of four companies observed: “It is vague baseless and frivolous and not in tune with the directions of the court. This is not the time to use brain, this is the time to use heart. Claim settlements are likely to be delayed.
“You can’t seek modification of the order which has already been taken care of. We will start to dismiss these applications with costs, it is repeated again. Court also granted days time to Advocate Javed Iqbal, representing Bajaj Allianz to file his status report in terms of court directions.
Advocate Iqbal submitted before the court that Bajaj Allianz has conducted survey in 3328 claims till date and settled 197 claims so far. Court deferred the hearing of the matter till tomorrow.
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