Help regnsurance regarding insurance


 Dear Friends

 my friend has insured vehicle. The vehicle was damged due to short circuit on the way.Fire brigade was called but it was completely burnt till the fire brigade arrive at  incident place. The FIR was lodged at police station but driver name  was not mentioned in FIR. Insurance company has objected during dcumentation then driver name was added in FIR with the permission of DIG.

 Insurance company  has denied the claim on following basis

according to  Insurance company their   surveyor has given  report that  owner not driver was  driving the vehicle doesnt have valid licences. Insurance compnay denied the driver name in FIR .and said that it was intentionally put in the FIR. 

However The driver who was runing the vehicle at that time  has valid licence and his name was there in all insurance paper  as driver.

 Can we file the case in consumer court while it was pending in i Insurance ombudsman.

I would higly appreciate.

Thanks in advance

 

  

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Yes. you can approach consumer forums

 
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ADVOCATE AND CORPORAE ADVISOR

YES. YOU CAN APPROACH THE INSURANCE FORUM.

Also you take the following stand

 

      1. The manufacturer/supplier of vehicle has not complied with the basic warranty conditions.

      2.  The driver is driving the vehicle for the benefit of the owner (insured) at the time of fire.

      3. you seek exemplary damages and indirect losses etc.

 

In case you get insurance claim, if any oher claim you get from consumer court should be sufrendered to the insurance company as the basic principle of insurance is subroagation.  Thus you cannot get claims from two sources. In case you are successful in both the claims, you can only retain one claim amount and the rest to be surrendered to insurance company.

dr vedula gopinath

advocate high court

vgopinath2@yahoo.com

09848227926

 

     

 

 

 
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Yes you can claim your damages .... Sue the company .....

They are bound by law to pay the damages of a insured things.

 
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