Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjay kumar patibandla (advocate)     24 September 2008

third party claim

The owner of the vehicle paid premium for insurance for third party also on 23.01.2008 at 3.30. P.M.
Insurance company issued a policy by mentioning the coverage starts from 00.00hrs(midnight 12 A.M) of 24.01.200812 A.M.

But the vehicle met with an accident on 23.01.2008 at about 08.00 P.M

Weather the Insurance company is liable to pay compensation to the third parties. If Yes kindly mention judgments.


Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 September 2008

If it is renewal premium, the policy can be implemented.

Sagar Bhatia (Lawyer)     25 September 2008

If the Polciy is not a renewal of previous Policy or the previous Policy renewed with break, then the Ins. Co. rightly mentioned inceptioned time of covering risk and it is settled law that if starting time for covering the risk is mentioned on the Polciy, every risk cover shall start from the said time.


Well if the Policy was renewed in advance and the Ins. Co. mentioned the time for inception of Policy, then Ins. CO. can not deny its liablity because in case of time renewal, the fresh Polciy is in continuty of previous Policy

SANJAY DIXIT (Advocate)     26 September 2008

I concur with the views made by Mr Sagar & Ramachary.

Rajan Salvi (Lawyer)     26 September 2008

What proof does the insured have that he paid the premium at 3.30 PM. If he paid it by cash, will the insurance agent testify to it? I doubt so. Mr Bhatia is right to state that when time is mentioned the cover starts from that point. It is a close proximity case and the company will appoint an investigator. My experience says that the policy was taken after the accident occured.

Pankaj Rai (Lawyer)     23 February 2009

Yes insurance company is liable for third party risks because the cover note is valid and its imidiate effective.no matter policy was issued  on 24-01-08 AM.

Pankaj Rai (Lawyer)     23 February 2009

Yes insurance company is liable for third party risks because the cover note is valid and its imidiate effective.no matter policy was issued  on 24-01-08 AM.

PALNITKAR V.V. (Lawyer)     25 February 2009

When the last insurance agreement expired?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query