cpc

fake insurance policy


Friends,

 

Case is pending under section 166 of MV Act. The contention of insurance policy is that the alleged policy produced by claimants is not issued by them. 

 

I need judgments which says Insurance company still cannot avoid its liability towards 3rd parties in such circumstances also and that it is liable.

 

Kindly do the needful

 
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Business

IMHO, this will simply not be tenable. How can a Company /Person take a liability they have never accepted to begin with ? If a forged Cheque is presented in my name and the forgery established, I cannot be liable for it.

Pl let me know here  if you find anything to the contrary, thanks

 
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Dy Director

please be clear whether actually the policy is forged or not

 
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senior

Dear Ansari sir, you will not find any judgements when the co denied issuance of policy. You have to summon the owner of the vehicle for production of the policy.

 
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Sir,

 

Owner is already appearing in the court and in his evidence he has stated that the policy pertaining to the year 2009-10 was issued by the insurance company only and that he is to be indemnified by them for third party claims.

 
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senior

Did he submit the policy and mark it as exhibit? Mere stating that the policy pertains to the year 2009-2010 is not sufficient. The policy has to be marked as exhibit.

 
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Copy of the policy is marked as exhibit to which the insurance company is challenging.

 
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senior

If the Insurance Company is challenging the policy means there is something to be looked into. The policy might be fake policy. Anyhow the burden now shifts on the company to prove that the policy was not issued by them.

 
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Business

a) Is it a " Certified Copy " or just a photocopy ?

b) How is the payment made - if by Cheque can he establish the cheque was encased by the Insurance Company ?

As said by Shravan Sir, the BOP now shifts to the Insurance Company. But if the Complainant has above maybe his case is stronger.

For my information , how  exactly can the Insurance Company prove their stand ? What would be acceptable to Court ?


Look forward to all thoughts

 
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