Skip to main content

'Can't reject insurance claim even if vehicle doesn't have RC'

An insurance company cannot reject a claim against theft of vehicle on the grounds that the owner does not yet hold a valid registration certificate, a consumer forum here has ruled, directing United India Insurance to pay `20,000 as compensation to a Kajheri resident besides the declared value of `43,864.

Holding the firm deficient in services, the forum also ordered that Pradeep Kumar be paid `7,000 as cost of litigation. "The law on the subject is clear that the insurance company is not entitled to repudiate the claim on the ground that the vehicle had not been registered," observed the district consumer disputes redressal forum, Chandigarh, in its September 10 order, terming the claim rejection "totally unjustified and illegal".

Pradeep Kumar had moved the forum saying that he had got his Honda Activa scooter that had a temporary registration number at the time, insured from United India Insurance Company Limited in June 2012.

The scooter was stolen on July 3, 2012, from the parking area of the lake in Sector 42 when he had gone for a walk, and the FIR was registered by the police on July 7. He added that the insurance company was also immediately informed about the theft, and it had assured of settling the claim after receipt of an 'untraced' report from the police.

Justifying the repudiation, the firm told the forum that the complainant had violated the terms and conditions of the policy by not getting his vehicle registered. Further, the company submitted that the FIR had been lodged four days later. However, the forum held that, as per police records, the intimation of theft was given on the same day.

Article referred: http://www.hindustantimes.com/Punjab/Chandigarh/Can-t-reject-insurance-claim-even-if-vehicle-doesn-t-have-RC-yet-consumer-forum/SP-Article1-1121301.aspx

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...