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rajkumar   26 April 2015

Insurance company rejected the claim for vehicle damage

We have a 12 wheeler lorry which met with an accident on 16-12-2014 with no fault on our vehicle.
The vehicle is insured with New India Insurance company.

The driver's license was expired on 21-11-2014. The accident took place after 25 days of driver's license expired. The vehicle damage claim submitted with the insurance company was rejected quoting the driver did not posses an active license when the accident happpened.

From Vehicle act 1988 we could see the following in section 14
 Provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.

Needing your expert advise and help on this matter.



Learning

 4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     27 April 2015

Immunity of 1 month grace may not be applicable to u under insurance agreement hence claim untenable.Appeal suitably

Adv k . mahesh (advocate)     27 April 2015

the judgement will be useful in your case

2007(10) SCC650 between Ishwar Chandra Vs. Oriental Insurance Corporation

with limited facts only i am giving this judgement and any updated, latest will forgo this judgement

S K KARNjhc (Legal Adviser)     28 April 2015

No doubt, Provision is made in Sec. 14 but you should not forget for other reasonable sub-clause which has also been mentioned therein,

Good luck

T. Kalaiselvan, Advocate (Advocate)     03 May 2015

Whether the insurance company repudiated the claim?, if so, you may file a cnsumer complaint seeking redressal of your grievances.  The invalid licence cannot be a ground for repudiating the claim, the latest ruling on this is very clear.


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