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...

Winding-Up Petition Can’t Be Used If Bona Fide Payment Disputes Pending

The Karnataka High Court, in the case of M/s Uttam Industrial Engineering Ltd vs  M/s Shree Basaveshwar Sugars Ltd, has held that a winding-up petition has serious  ramifications on the financial standing of a company and cannot be used in cases  where there is a bona fide dispute regarding the amount owed by one party to the  other and in such cases the company court should relegate the matter either to the  civil court or arbitral tribunal. In this case, Uttam Industrial Ltd entered into a contract with Basaveshwar Sugars Ltd  to provide machinery and equipment for a sugar plant. Article referred:  http://www.livelaw.in/remedy-winding-petition-cant-relied-upon-bona-fide-payment-disputes-karnataka-hc/

A liquidator must pay GST on sale of assets of a defunct company

The West Bengal Authority of Advance Ruling has ruled that a National Company Law Tribunal appointed liquidator must have the GST registration till all liabilities cease to exist and that the liquidator must pay goods and services tax (GST) on sale of assets of a defunct company under liquidation, as the sale is effectively supply of goods.