BEFORE HON’BLE DISTRICT CONSUMER DISPUTED REDRESSAL

COMMISSION,JAMMU

SURESH KUMAR V/s. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY

LTD.

In the matter of: -

Complaint under section 35 of the Consumer Protection
Act,2019

And

In the matter of: - Evidence of Complainant by way of affidavit.

I, Suresh Kumar S/o Jodh Ram R/o Passerkoot-Inderwal Chatroo,

District Kishtwar, do hereby solemnly affirm and declare as under: -

1. That the deponent has filed the present Complaint under section 35

consumer protection Act,2019 which is pending adjudication before this Hon’ble

Court and in the above titled Complaint .The respondent was set ex-parte and

the deponent was directed by this Hon’ble Court to lead ex-parte evidence as

such the present affidavit.

2.That the deponent is a renowned Contractor and registered owner of a vehicle

KOMATSU HYDRAULIC EXCAVATOR MODEL PC210 bear Registration No.JK170009

Chasis No.210-819-91468 Engine No.26710551.

3.That the vehicle in question was insured with M/S Bajaj Allianz General

Insurance Company LTD, through J&K Bank, Branch Chatroo, District Kishtwar,

non-life Insurance Partner/Corporate Agent of BAGIC, after through

discussions, understanding and acceptance of the terms and conditions of the

Policy which were explained to the deponent by the representative of the

Respondent and full premium of Rs. 41575/- against Insurance Policy coverage

of Rs. 51,60,000/- for said vehicle was paid/transferred to the account of said

Insurance Company on 05-05-2022 by J&K Bank Branch, Chatroo from the

bank account of the complainant. Copy of certificate issued by Branch Manager

J&K Bank Chatroo regarding transfer of full premium amount to BAGICL and

bank statement of deponent, are already enclosed with main complaint.

4.That the said L&T Machine (KOMATSU HYDRAULIC EXCAVATOR) was

deployed with Contractor Pyare Lal Sharma, deponent’s brother, on Chitoo-

Sohal road construction work (in Paddar area of District Kishtwar) being

executed by the said Contractor.

5. That unfortunately, on 07-05-2022 evening, while the said L&T Machine

was engaged in excavation work on said road at Ishtiyari, some portion of the

land beneath the Machine sinked and LT Machine slipped down. The driver of

the said vehicle namely Ranjeet Chand, a well experienced Driver having valid

driving license, tried to control the Machine but failed to negotiate the sinking

portion with the result that the L&T Machine roll down into gushing river

Chanderbhaga. Though the driver of the vehicle managed to jump out but

other two helpers/workers got trapped with the Machine. Immediately on

receiving the information Police, Army and civilians rushed to the spot and

launched the rescue operation which culminated at mid night. In this rescue

operation both the workers were rescued after strenuous efforts of

Police/Army. The L&T Machine got completely trapped in the River and only its

Boom was seen. Copy of photographs of sinked vehicle are already enclosed

with main complaint.

6. That pursuant to the accident, the information was given to the Respondent/

its authorized Agent and concerned Bank Authorities also. The factum of the

accident was also reflected by Police in their Daily Diary vide Report No.17
 dated 8.5.2022. Copy of extract of this Police Report is already enclosed with

main complaint.

7. That to the utter surprise of the deponent, the Respondent intentionally,

deliberately and maliciously issued Insurance Policy Bond dated 10.5.2022

instead of 5.5.2022, the date on which full Insurance premium amounting to

Rs.41575/- was paid/ credited in the account of Respondent Insurance

Company by J&K Bank, Branch Chatroo from the Bank account of the

deponent. When the Respondent Company was confronted over the issue of

date of Policy coverage 10.05.22 as shown in the Policy Bond instead of

05.05.2022, the actual date of payment of insurance premium, by J&K Bank

Branch Manager/Complainant, Respondent stated that 10.05.2022 has

inadvertently been written on the Policy Bond and assured that it would be

sorted out once the Surveyor report is received. They also informed that they

would be deputing Surveyor for this purpose. Copy of insurance policy bond is

already attached with main complaint.

8. That the Respondent deputed their Surveyor (Daljeet Singh) after few days

of accident who went to the spot of accident and surveyed the said Machine

drowned in the River. He observed / assessed that the vehicle is completely

damaged and there is no chance of retrieving it in view of the raised level of

waters in the River. He took all the requite documents including Police Report

and informed the deponent that he would submit his report along with the

case file to the Insurance Company for settling the insurance claim of the

applicant.

9.That despite lapse of considerable time after the visit of Surveyor, and repeated

telephonic requests, the claim of the deponent was not settled and later they came

up with an illogical excuse that the policy bond was issued on 10-05-2022 and

they cannot entertain the accident claim prior to it ignoring the fact that full
premium was received by the Respondent on 05-05-2022 i.e. much earlier than

the date of accident.

10.That the deponent was constrained to issue legal notice through an advocate

on 18.7.2022. The Corporate Agent i.e. J&K Bank Branch Chatroo with whom the

L&T Machine is also financed, again approached the Respondent Insurance

Company to settle the Insurance claim in view of the fact that full premium of

insurance Policy stands paid much earlier to the date of accident. They again

assured that they would settle the issue shortly. However, they again deputed

another Surveyor (Mr. Ravi Kumar) for further investigation/ Inspection of the

drowned L&T Machine in the month of Nov.2022 but till date the insurance claim of

the complainant for an amount of Rs.51,60,000/- is still pending and is not settled

thereby causing huge financial loss and mental trauma to the Deponent.

11.That the deponent made several visits to their office requesting them to

settle the insurance claim but so far they have failed to settle the claim of the

deponent. The deponent had hired the services of the Respondent Company by

paying the full premium of the Insurance to protect against any unforeseen

calamity/loss/damage of the insured vehicle and the premium amount was paid

to them much earlier than the date of accident, hence they are liable to settle

the claim and release the insured amount in favour of the deponent.

DEPONENT

VERIFICATION : -
Verified at Jammu on this _______ day of July, 2023, that the
averments made in the affidavit are true to the best of my knowledge and
nothing has been concealed thereof.

DEPONENT
 BEFORE HON’BLE DISTRICT CONSUMER DISPUTED REDRESSAL
COMMISSION,JAMMU

SURESH KUMAR V/s. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.

In the matter of: -

Complaint under section 35 of the consumer protection
Act,2019.

AND

In the matter of: - Evidence of Witness by way of affidavit.

I, Hakam Singh S/o Him Raj R/o Tiyari, Paddar , Atholi District Kishtwar, do
hereby solemnly affirm and declare as under: -

1.That the deponent is sarpanch and is residing in the same locality where L&T

Machine(KOMATSU HYDRAULIC EXCAVATOR) of the petitioner met with an

accident at Ishtiyari road of Paddar.

2. That the deponent submits that the L&T Machine(KOMATSU HYDRAULIC

EXCAVATOR) of the petitioner met with an accident on 07-05-2022 evening (near

about 5 PM) when the machine was engaged in excavation work on said road at

Ishtiyari, and rolled down into gushing river Chanderbhaga.

3.That the deponent further submits that on receiving the information Police, Army

and civilians rushed to the spot and launched the rescue operation which

culminated at mid night. In this rescue operation two workers were rescued by

Police/Army. The L&T Machine was trapped in the River.

4.That the deponent was present on spot at the time of accident which took place

on 07-05-23 and he is the eye witness of the occurrence.

DEPONENT

VERIFICATION : -
Verified at Jammu on this __ day of July, 2023, that the averments
made in the affidavit are true to the best of my knowledge and nothing has
been concealed thereof.

DEPONENT
 BEFORE HON’BLE DISTRICT CONSUMER DISPUTED REDRESSAL
COMMISSION,JAMMU

SURESH KUMAR V/s. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.

In the matter of: -

Complaint under section 35 of the consumer protection
Act,2019.

AND

In the matter of: - Evidence of Witness by way of affidavit.

I, Sunil Singh S/o Balkrishan R/o Tipri, Bunjwah District Kishtwar, do

hereby solemnly affirm and declare as under: -

1. That the deponent is labour by profession and was engaged with L&T

Machine (KOMATSU HYDRAULIC EXCAVATOR) of the petitioner .

2. That the deponent submits that the L&T Machine (KOMATSU HYDRAULIC

EXCAVATOR) of the petitioner met with an accident on 07-05-2022 evening

when the machine was engaged in excavation work on said road at Ishtiyari as

some portion of land sinked and the LT Machine slipped and rolled down into

gushing river Chanderbhaga. While the Operator managed to jump out from the

said Machine, the deponent and another worker got trapped with the Machine.

3.That deponent further submits that there was huge hue and cry as large no of

people gathered there and tried to save us. However, after some time, Police and

Army also reached the spot and rescued us after lot of struggle of at mid of the

night. The L&T Machine got completely trapped in the River and could not be

retrieved by Army/Police.
4.That the deponent is the eye witness of the occurrence being the co-worker of

the Machine Operator who also got trapped with the Machine and was rescued by

Army/Police personnel.

DEPONENT

VERIFICATION : -
Verified at Jammu on this __ day of July, 2023, that the averments
made in the affidavit are true to the best of my knowledge and nothing has
been concealed thereof.

DEPONENT