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Vijay Kumar (Advocate)     25 May 2009

Denial of insurance

In an MACT case, the respondent insurance company has specifically denied the fact that the offending vehicle was insured by it.

Now the insurance company has moved an application u/s 170 of MV Act to take all defences that are available to the owner and driver of offending vehicle.

Please advise how to oppose. Is there any case-law on this point.


 3 Replies


dear friend

the plea taken and the application under section 170 are contradictory pleas .the application can be opposed on this stand of contradi9ctory pleas.if the offending vehicle is not insured with the insurence company it should have filed application to deleate it name as a party instead of under section 170 m.v.a. other wise it will be treated/ persumed that the company is concealing the factum of insurence with it.  

Swami Sadashiva Brahmendra Sar (Nil)     25 May 2009

Mr Deepak is right . the practice of false, formal and bald denial by insurers  should be cheked .

Swami Sadashiva Brahmendra Sar (Nil)     25 May 2009

A nice and interesting question.

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