Sumit Phadnis (Lawyer) 13 February 2009

Driver with Car Missing..the consequences...

Dear Lawyers,

I seek a legal advice from you.

My client owns an Indica car which is contracted with one reputed call centre in Pune.

The car is missing with driver for last 4 days. My client has lodged a complaint with Police for the same. He is still paying the loan installments which he had taken to purchase that car and also paid for the insurance.

I would be gald if you advised me under the following circumstances:

1) If it is found that car met with an accident a) during course of employment of driver b) not during the course of employment. Whether he has to pay the insurance amount to driver or his dependant on the occasion of injury or death as the case may be.

2) If driver runs with a car then need my client to pay the remaining amount due for loan? or insurance. The original papers of vehicle is lying with the bank.

Thanks in advance.

Reply Follow

3 Replies

K.C.Suresh (Advocate) 14 February 2009

Q. 1 and 2: depends on the policy coverage.

Q3. He has to pay the dues.

sanjay singh thakur (advocate) 16 February 2009

Dear Sumit

First of all it depends on type of policy. However, entire amount will be paid by Insurance Company but for that you have to file an FIR and then lodge consumer case making the bank as well as insurance company parties to the case. This is because even if car is missing with driver it will amount to theft/missing/snatching etc. and the same is normally fully covered by the polixcy.

Sanjay Singh Thakur

Advocate.

Sushil Kumar Bhatia (Advocate) 16 February 2009

Dear,

first of all your FIR based on theft or missing what is the effect on FIR police has failed to recover carf and find out driver and what contents of Final report ,if the final report saying about theft by driver then you can claim against valid policy