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Habeeb Syed (Member)     14 August 2013

Wrong driving license and insurence claim

Dear Lawyers,

This issue is related with driving licence and insurance.  The facts of the case are as follows.

1. I am a physically challenged person from PUNE. I had applied for driving license (CAR-Invalid Crriage) in July 2012 with all relevant medical certificates and went through procedure. Finally my permanent driving license was issued on 25-10-2012 and I was told that it will be delivered to my home within two weeks. When I did not get it for three months I sent a application (in Jan 2013) under RTI to know the reasons for the delay. I got a written reply from RTO stating that since I have applied for license to drive a invalid carriage  I need to submit a copy of car RC which has been registered as invalid carriage in my name.  I went to RTO and submitted the RC of my car, after which my license was delivered sometime in March 2013.


2. Last week I had an accident in which my car was damaged. I raised claim with insurance company.  The insurance company officer told me that there is mistake in my license. The class of vehicle on my license is printed as LMV which is incorrect. The correct class is INVALID CARRIAGE (MH 12-xx-xxxx). My insurance claim cannot be processed until  I  correct my licence.

3.  I need help on two points:

i) Is the insurance company correct in not processing my insurance claim only because of this particular error in my licence (everything else being correct)?.

ii) I went to RTO to know what can be done to correct my license and showed them their reply to my RTI query in which they have acknowledged that I have applied for invalid carriage driving license. They just told me that its all my mistake and I will have to get a new licence; thats it. What can I do here?


Thanks in Advance for your time and effort,

Habeeb. Syed




 7 Replies

Advocate Rohit (Advocate)     14 August 2013

you may file the consumer complaint against the insurance company for not settling the claim/rejecting the claim.

 

For issuing wrong license and not rectifying the mistake you may file the complaint against the RTO Pune before the:

Transport Commissioner Office
Address-

Administrative Bldg., 4th Floor, Govt. Colony, 
Opp. Dr. Babasaheb Ambedkar Garden,
Bandra (East), Mumbai - 400 051.

Phone -
022-26550932 / 33 / 34 ext. 216
Fax -
022-26414901
Email -
TransportGrievance@MahaTransCom.in

 

Regards,

Advocate Rohit Dalmia

9324538481

Sudhir Kumar (Retd Govt Officer)     22 August 2013

No.  Your driving license as you said mentions a different vehicle other than what is drive ( rightly or wrongly) and you started using this license.  Insurance company is apparently correct.  You may get your liecense corrected so that future claim is not rejected.

Habeeb Syed (Member)     23 August 2013

To Mr. Sudhir Kumar:

My driving licence says I am authorised to drive an "LMV" anywhere in India.  Note that anybody with a valid "LMV" licence can  drive any "Invalid Carriage"  (this is completely legal).   On the other hand, I  figured out that my driving licence should say that I am authorized to drive

"INVALID CARRIAGE" (mh-12 -xxxxx). 

Anyway this is the vehicle which I was driving and on which I have raised claim. 

2. I have a written document signed by Assistant RTO  which proves that my driving licence application was for "Invalid Carriage".   I had no idea about what exactly should appear on my driving licence, otherwise I would have corrected it immediately.  

My point is:  The error in my licence is purely of typographical in nature.  Does Mr. Kurmar's argument still hold ground?

 

Suri.Sravan Kumar (senior)     29 August 2013

lodge complaint before Insurance Ombudsman against the Insurance Company.

Suri.Sravan Kumar (senior)     30 August 2013

There is a SC citation in case of policy violation the claim can be settled under non standard claim.

cyberlawyer (barrister)     13 October 2013

Firstly find out if usually even for differently abled persons,  license will be given in that form (i.e., invalid carriage etc etc as in your case ). If thats what your license should bear, then you have to file complaint against the RTO in the onset.

But on the contrary, if the license is given for LMV even for handicapped persons, then the insurance company alone is to be sued...

 

Parth (NA)     20 August 2015

Syed,

In your post you indicated that "Note that anybody with a valid "LMV" licence can  drive any "Invalid Carriage"  (this is completely legal)." . Can you provide me reference for this. I am having valid LMV licence but was driving my father's Invalid Carriage registered Car and not insurance company indicates that LMV licence holder cannot drive Invalid Carriage.

Your reply will be highly appreciated

 


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