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Radhakrishnan J (NA)     02 May 2024

Motor insurance accident claim payable during rc transition period

I was returning to my home in Bengaluru on 27 April 2024 and one BBMP contracted garbage truck (Bolero) hit my vehicle in the traffic at Sarjapur road. The driver was potentially drunk, said he does not have any the DL, and as soon as I called 112, the driver left the spot and left the vehicle at the spot itself and did not return back even to take his vehicle. 112 assigned a police and they reached the spot in 10 minutes and transferred the complaint to Bellandur traffic police station. The traffic police suggested me to take my car to service center and come and take the acknowledgement copy the complaint next day which I did. Meanwhile a person called Raju Samsher arrived to the spot claiming to be the owner of the vehicle along with 3 other fellows. The traffic police suggested to get him along with me to the service center so that he can pay for the damages then and there. I took the guy to service center along with me and he was not ready to make the payment for fixing the damages as it costed Rs.58000. He provided a fake identity card (PAN card) to me and said Iam welcome to file a FIR if I want and he left.

The problem is my car was under corporate car lease program and I just completed it like 15 days back and was in the process of doing RC transfer. The RTO has initiated the RC transfer and the VAAHAN sms says that the RC card was dispatched on 16 April 2024. However I have not received the original RC card yet. So I provided a digilocker signed RC card (which shows my name as the owner) to the Reliance insurance team for the claim. The insurance is valid till 10 December 2024, but it is still on my company's name. The claim was initially said by the surveyor as not payable as the endorsement was not done. After I did some search online, I found that the endorsement needs to be done in 14 days once I receive the RC card from RTO. There are two things:

1) I did not receive my physical RC card and only have a SMS from VAAHAN that RC card was dispatched on 16 April 2024. 

2) Even though I did not receive my physical RC card, I could see digilocker showing my RC card appropriately and the accident happened on 27 April 2024.

I opened the claim request from the car service center on 27 April 2024.

So once the surveyor said that the claim cannot be payable as the endorsement is not done (and there is nothing in written format from the surveyor), I opened a IRDAI complaint and attached it to the claim. Post which I got a call from Reliance team that the claim will be processed (and I do not understand if it means that it will be approved or not).

Now even if it is approved, I do not see any value in it, as it has already put me through lot of pain and doing all the online research and finding out what exactly I need to do. Can I proceed here legally or Is this a dead end?

 

 

Regards,

RK

 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

You follow up the complaint through the police and make the owner of the vehicle to appear before police or court and get them punished, and on the basis of the FIR you can file a MACT case seeking insurance compensation, the insurance company cannot deny to pay the compensation amount if a court is passing an order to that effect.

Radhakrishnan J (NA)     02 May 2024

Thanks for the response sir. The police gave me a complaint copy, however they were not ready to open FIR. 

I also do not know if the vehicle KA03-B-8260 (BBMP contracted Garbage truck) which was the vehicle that the absconding driver was driving is confiscated or not. One person called Raju Samsher claiming to be the owner of this vehicle came and provided the fake PAN card as the identity (FUGPR0642C) is also missing and absconding. How can I ask the police to file a FIR without the details?

P. Venu (Advocate)     03 May 2024

It is the duty of the police to ascertain the particulars of the offending vehicle. If the Police is unwilling to register the FIR, you have option to approach the jurisdictional Magistrate.

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

You can enquire from police about the registration of FIR  stating that you require it for filing MACT case for insurance claim. 

The police will cooperate with you. 

You have to be flexible while dealing with police. 

1 Like

Radhakrishnan J (NA)     04 May 2024

Thanks for the suggestions sir

T. Kalaiselvan, Advocate (Advocate)     04 May 2024

You are welcome for the appreciations


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