Insurance

Maloji rao ghodkar (Querist) 18 May 2024 This query is : Resolved
Mr A was travelling in his own car and stopped on the road behind a Government Transport bus, which was picking up passengers. Meanwhile, a lorry which was driven in a rash and negligent manner came and dashed the car of Mr A from behind and the car suffered damages. Mr A called the police and the police reached the site and registered FIR against the driver of the crime lorry for rash and negligent driving. Mr A requested the insurance company with whom the crime lorry got third party insurance for getting the car repaired, but in vain. Mr A also got his car insured with some other insurance company, who told him to claim the damages from the insurance company of the crime lorry. The insurance company of the crime vehicle insist that Mr A claim damages from his own insurance company. Now the question arises whether the insurance company of the crime lorry neglect to pay the damages to Mr A and whether Mr A is legally entitled to proceed against the insurance company of the crime vehicle or is there any bar under Law to claim the damages of the car from from his insurance company with whom his car insurance letting of the insurance company of the crime vehicle. Any such provision of Law or precedent by way of court judgment that Mr A is required to get the damages from the insurance company of his own car rather than from that of the crime vehicle.
Thanks
MR Ghodkar

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Quick Summary

This discussion addresses a situation where Mr A's car was damaged by a negligent lorry driver. Despite the lorry being insured, its insurance company is refusing to pay for repairs, insisting Mr A claim from his own insurer. Experts opine that both insurance companies are liable and Mr A can claim from either or both. The lorry's insurer cannot dictate where Mr A claims from, as this defeats the purpose of third-party insurance. Options include approaching the MACT, filing a complaint with the regulatory authority, or taking the matter to a consumer forum.

kavksatyanarayana (Expert) 18 May 2024
I opine that Mr. A may claim from his insurance company as the crime vehicle insurance company does not pay the damage amount.

Advocate Bhartesh goyal (Expert) 18 May 2024
Both the insurance companies ( A's and crime lorry ) are liable to compensate A's claim and A can claim from anyone of them or from both.

T. Kalaiselvan, Advocate (Expert) 19 May 2024
The insurance companies of both the vehicles would be liable to pay the insurance compensation claim amount

Sudhir Kumar, Advocate (Expert) 19 May 2024
you are absolutely silent on the dates. So aspect of limitation cannot be commented.

SIVARAMAPRASAD KAPPAGANTU (Expert) 19 May 2024
It is a case of irresponsibility of Insurance Companies. The very purpose of Third Party insurance is defeated if such company says the victim should claim from his primary insurance company. Both Insurance Companies to decide who should pay for the repair or share it or whatever. They cannot escape their primary responsibility by pointing fingers at each other. It is a fit case for complaining to the Regulatory Authority of Insurance and/or Consumer Forum.

T. Kalaiselvan, Advocate (Expert) 20 May 2024
If you are aggrieved by the reluctance or denial acts of the insurance companies you may sue the insurance company which has denied your claim for compensation as per the insurance policy.
Alternately you may approach consumer redressal commission also for relief and remedy

Maloji rao ghodkar (Querist) 20 May 2024
Thanks for the opinions expressed by the learned members
Can the crime vehicle is legally entitled to insist upon Mr A the car owner to claim damages from his car insurance company and is there Court ruling to fasten the liability on the insurance company of the crime vehicle? Please enlighten me.
Yes he can invoke provisions of CP Act 2019.

SIVARAMAPRASAD KAPPAGANTU (Expert) 21 May 2024
Crime vehicle Owner cannot dictate the Victim to claim insurance from his car insurance. It defies any logic, as it defeats the very purpose of taking third party insurance. You may prefer claim with whichever insurance company you are comfortable with and if such insurance company is not cooperative, report the matter to Insurance Regulatory and Development Authority of India (IRDAI) besides filing a case for deficiency in service before the Consumer Forum. You don't have to quote any case laws for this.

P. Venu (Expert) 21 May 2024
To my understanding, the solution is simple and straight forward - file the claim before the MACT with both insurance companies as well the driver and the owner of the offending vehicles as respondents.

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