shalini (not working) 15 August 2012

Urgent help

Dear member

One of my friend pvt vehicle is totally damged in the U .P. the vehicle was insured. He provide all the document asked by the insurance company.Insurance company has shown that (owner of insured vehicle) who is driving the vehicle at that time doesnt have driving liicence.

In acutal the driver who was driving the vehicle. Here it is important to mention that driver is diffierent person than owner. driver has valid licence to drive.

Now I have queries

1. Can insurance company denied the claim on this basis.

2. Can we take this case to consumer forum.

I would higly appreciate your response ASAP.

thanks

Reply Follow

7 Replies

SRIBHASHYAM MURALIDHAR (Advocate) 15 August 2012

Ms.Shalini, how your friends vehicle was damaged and your friend can approach consumer forum for compensation, if insurance company fails to pay insured amount.

shalini (not working) 15 August 2012

thanks for suggestion

iinsurance company has denied the claim company said in its report that driver and insured person are same one and he dont have licences but in actual driver and insured person are different one and driver has valid licences.

how to proof that company is telling lie and how we can approach the consumer court.

do we need any lawyer for it

parmod (lawyer) 15 August 2012

Dear you can file complaint before consumer forum. if there is any FIR lodged on the driver/owner not having valid driving license. if owner of vehicle not having valid driving license then filed complaint alongwith affidavit that owner of vehicle appointed the driver for private purpose and at the time of accident the driver not owner was driving the vehicle your friend at least loadge DD at police station regarding this. why the insurence company not denied from insuring the vehicle if owner not having valid driving license. if not then it is default in service. consumer forum have jurisdiction to entertain complaint.

SRIBHASHYAM MURALIDHAR (Advocate) 15 August 2012

Ms.Shalini,advice your friend to collect all relevant documents pertaining to the damaged vehicle and file complaint before the Consumer Forum. And one more thing you did not disclose how the vehicle was damaged. Whether it was damaged in accident or by overturn?

SRIBHASHYAM MURALIDHAR (Advocate) 15 August 2012

adv. rajeev ( rajoo ) (practicing advocate) 15 August 2012

Is their any complaint filed? If yes on whom complaint is lodged. If complaint is lodged on the driver then issue legal notice to the co., claiming the damages and compensation for not giving the damages.

M.S.R.Murty ( Manager (Admn)) 16 August 2012

Madam,

In the policy terms itself mentioned that the driver should have valid licence when he is driving. And also should observe, accident occured due to whose fault as per F.I.R. If it is by the victim or by the opposite vehicle or bike. But however the vehicle owner can collect vehicle damage and repair charges from Insurence company since it is vehicle insurence.

Regards,

MSR.Murty