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Saptarshi Paul (Advocate)     12 December 2011

No insurance of vehicle

Mrs X, aged about 65years old, has a TATA 407 Truck. The said Truck had killed one person in Road who was Govt employee. The Driver of the Truck runs way from the spot and still missing. The said truck was immediately taken to Police Station. Now it is found that the Insurance Policy which was done through a broker and when the enquiry is made to the office of the Insurance company for original policy as only photo copy of the receipt in the letter head of the Insurance company is available in the hand of Mrs X and it is found later on that the said vehicle was not insured with the company and the documents provided by said broker to Mrs X was forged one. Now the said broker is also missing.

One case was registered in the PS by the wife of the deceased. And police has registered a case u/s 304A & 279 IPC.

Now give me some idea how MRs X can save her from all such dispute.

 



Learning

 3 Replies

Adv. Subhadeep Saha (Lawyer.)     12 December 2011

With respect to the Police case the police has to find out & arrest the driver of the truck only. owner of the offending vehicle i.e. Mrs X can not be made accused in that police case. However if the wife of the deceased file a claim petition for compensation in the MACT then Mrs X may have to pay compensation as her vehicle was not insured. 

DISHA D. SHAH (lawyer)     13 December 2011

mrs.x can file  FIR against agent who given forged document,

also mrs.x can be saved from liability if you prove agent given you forged document  and

mrs. x paid insurance premium to agent before accident date ,because company bound by agent's work .

we had this type of case , total liability laid   on insurance company

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Yes Disha right,

 

but that won't absolve Mrs. X of the liability of compensation.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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