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Karan Arora
(Querist) 14 March 2014
This query is : Resolved
Mohan kumar died on 22/06/2006. when he met with a tractor which was owned by M n was being driven by N. Both the driver and the owner of the tractor were insured. Mohan's Family raised a joint liability towards M and N and their insurance company; General Insurance. A liability, as both were insured by the policy of general insurance for a period of one year from 01.01.2006 to 01.01.2007 and a cover note indicating that the premium for the policies were also submitted by M n N was also issued by the company to the above mentioned. The case when filed in the tribunal was adjudged in the favour of the insurance company which stated that cover note is not a policy and not policy premium was paid by the two, M and N, the owner and driver of the tractor. The tractor being not insured, did not accrue any liability towards the insurance company.
M and N appealed in the high court against the order of the tribunal.
From Appellant side
ajay sethi
(Expert) 15 March 2014
.it is necessary to go through the orders passed by Tribunal and insurance policy papers . if tractor is not insured insurance company will refuse to pay
Karan Arora
(Querist) 15 March 2014
thanks for reply Mr. Ajay. What if tractor is insured but we have only cover note but not the insurance policy. Still we can claim from the company.
Rajendra K Goyal
(Expert) 15 March 2014
Generally there exist condition on the cover note that it is valid only if cheque paid for it is realized, or up to the date the policy issued max. for 30 days (or so) which is earlier. As accident took place after that period, cover note is not valid and policy to be presented.
All the documents and decision need to be referred for any exact fruitful reply, contact a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
I Agree with Mr. Goyal, that the cover note is not a valid insurance document until accompanied by the policy document after the policy is completed. Therefore if there was no insurance for the tractor, the insurance company can absolve itself from the liability of payment of insurance money.
ajay sethi
(Expert) 15 March 2014
A cover note is a temporary insurance's certificate that is issued by the Insurer before the issuance of a policy after the Insured has given a duly filled in proposal form and has paid the premium in full. This note is valid for a period of 60 days from the date of issue of the cover note and the Insurer shall issue the Insurance certificate before the cover note expires.
in your case insurance policy was not issued and tractor not insured . insurance company is not liable to pay
Rajendra K Goyal
(Expert) 17 March 2014
In absence of the any liability on Insurance Company, the liability of owner of vehicle and driver can be fixed. consult a local lawyer and show him the decision.
Rajendra K Goyal
(Expert) 17 March 2014
In absence of the any liability on Insurance Company, the liability of owner of vehicle and driver can be fixed. consult a local lawyer and show him the decision.
