The district consumer disputes redressal forum, Panchkula, on Thursday asked Bajaj Allianz to pay around `4.3 lakh to a Zirakpur resident after it refused to pay due vehicle insurance amount after an accident.
Kusum Jaglan had got her vehicle Volkswagon Polo insured from Bajaj Allianz General Insurance Co Ltd, Sector 5, Panchkula, in 2013. She said when she was coming from Shimla on November 20, 2013, a stray cow came in front of her car and in order to save the cow she rammed her vehicle into a Bolero jeep parked on the highway. The vehicle turned upside down. She said her husband Col Subhash Chand Jaglan suffered minor injuries in the incident.
She said, thereafter, she informed the insurance company about the incident. The surveyor pointed that there was a total loss of the car.
The insurance company then hired BEE VEE, an investigating agency in Patiala, to investigate the accidental claim of the vehicle. During the investigation, the company claimed that the vehicle was driven by the complainant's husband Col Subhash Chand Jaglan and added that the owners of Bolero jeep had told them that Jaglan was in inebriated condition.
It was submitted that the complainant in her statement said that the accident had taken place while saving a stray animal, while the investigator found that both the sides of road were supported with iron pillars and iron sheets and there was no possibility of any stray animal hindering traffic on road.
The consumer forum presided over by president Dharampal and members Anita Kapoor and Anil Sharma observed: "The opposition party (insurance company) rejected the claim on the ground that the car was being driven by Col Subhash Chand Jaglan against the terms and conditions of the policy. But they have failed to produce on record any terms and conditions that Jaglan could not drive the car and he was not having valid driving licence at the time of the accident."
The judgment added: "… the insurance company has admitted that the surveyor has assessed the loss to the tune of `4.23 lakh."
The forum awarded a compensation of `4.23 lakh, along with `5,000, for mental agony and harassment and `2,000 as cost of litigation.