Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

N.K.Assumi (Advocate)     18 April 2009

Third party Insurance Claim:

 

Dear All,
                       A Bolero vehicle was stolen by a thief and the owner immediately lodged FIR to the police Station. The thief while getting away with the vehicle at a very high speed crushed a young person to death and the vehicle was totally damaged, which was given to the owner and the thief was also arrested, who was not having any driving license. The vehicle was insured including third party insurance. The parents of the deceased have filed a claim petition before the MACT. The Insurance is repudiating the claim as the vehicle was driven by a person the thief who was not having any driving license. In this case, can the MACT reject the claim made by the Claimant?


Learning

 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     18 April 2009

clause relating to driving license will apply only to a permitted driver.

claim can not be rejected on a ground that was not in the knowledge of owner.

in the principle of third party insurance, third parties' interest is supreme.

N.K.Assumi (Advocate)     18 April 2009

Thank you foer the information;

yogita (student)     23 April 2009

Insurance company need to pay, but can recover from thief!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register