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Vinay   16 June 2016

Accident claim

one of my friend met with an accident while he drive two wheeler and he is no more right now. he dont have a driving licence. whether the family can claim the insurance against his death. Is there any possibility ??? need your suggestion.



 4 Replies

Kumar Doab (FIN)     16 June 2016

Post full facts.

Who committed the accident? Other driver?

Or consult a very able counsel specialzing in such/Consumer/Motor Accident Claims Tribunal cases.

1 Like

Vinay   25 June 2016

both the vehicals drive on same direction. that four wheeler hit the rear side of the motor bike. he dont have driving licence. is there any possibility get claim based four wheeler DL/Insurance.

Kumar Doab (FIN)     25 June 2016

It can be possible.

consult a very able counsel specialzing in such/Consumer/Motor Accident Claims Tribunal cases.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 September 2016

Supreme Court has passed various judgments in recent past, which have restricted the statutory defenses of the Insurance Company to a greater extent as law relating to burden of proof have been totally changed. Limited defenses as to not holding valid driving license, use of vehicle for hire and reward, use of transport vehicle for the purpose not allowed by permit are required to be proved in so stringent manner that insurer are not getting advantage of these defenses.

The injured or the legal representatives of deceased can file claim application in a prescribed format making driver, owner and insurer as party. Driver is not a necessary party in some states. No limitation has been prescribed for filing of the claim application.


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