BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged FIR No. 79/2013 for offences under Ss. 304(II)/420/409/467/468 RPC registered with Police Station, Gandhi Nagar, Jammu.

(2.) The impugned FIR came to be lodged on the basis of a complaint filed by respondent No. 3 before learned Chief Judicial Magistrate, Jammu ('hereinafter to be referred to as 'CJM') in which it was alleged that her son Sh. Inder Pal Singh had booked himself from Delhi to Frankfurt for 25/2/2013 and for onward journey from Frankfurt to Burn on 27/2/2013, but he died in Switzerland on 4/3/2013. It was alleged in the complaint that before leaving the country, Sh. Inder Pal Singh along with respondent No. 3/complainant and her younger son Gagandeep Singh got themselves insured with the petitioner-company on 20/2/2013 and paid the necessary premium. An amount of Rs.1590.00 was paid as premium by Sh. Inder Pal Singh to the petitioner-company and he was insured for medical expenses, evacuation and repatriation of remains as also for personal liability/personal accident etc.

(3.) It has been alleged that the condition of Inder Pal Singh deteriorated while he was in Switzerland and his brother Gagandeep Singh contacted the petitioner-company and informed it about the serious condition of Inder Pal Singh. This was done on 2/3/2013 and the petitioner-company was asked to make the arrangement of Rs.15000.00 Franks for deposition with Swiss airport in connection with evacuation of Inder Pal Singh from Switzerland to New Delhi. However, the petitioner-company did not process the case and no action was taken by it in the matter. On 2/3/2013 claim form was dispatched by Gagandeep Singh to the petitioner-company through e-mail, but still then, no action was taken by the petitioner-company within the time, as a result of which, Inder Pal Singh died on 4/3/2013. After his death, the petitioner-company was again contacted by respondent No. 3/complainant and her younger son for release of insurance amount so that mortal remains of Inder Pal Singh could be brought to India, but no action was taken by the petitioner-company and instead it informed respondent No. 3/complainant that Inder Pal Singh had cancelled his insurance on 20/2/2013 itself. It is alleged that there was no occasion for Inder Pal Singh to cancel his insurance on 20/2/2013 as on the said date, he was admitted in a Hospital at Jammu. According to respondent No. 3/complainant, the petitioner-company has forged the signatures of Inder Pal Singh on the letter seeking withdrawal of insurance. It has been alleged that the petitioner-company has conspired to deny the benefits to Inder Pal Singh and it has forged the documents so as to wriggle out of its liability and this has led to untimely death of Inder Pal Singh. Thus, according to respondent No. 3/complainant, the petitioner-company has committed offences under Ss. 304 (II)/420/409/467/468 RPC.