Skip to main content

Consumer forum asks insurance firm to settle car's theft claim

 consumer forum here has asked an insurance company to settle a claim relating to the theft of a car, saying the firm took a "super-technical view" in rejecting the claim.

New Delhi Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked The New India Insurance Company Ltd, with which the vehicle was insured, to settle the car's theft claim filed by a Delhi-based couple Preeti Roy and Pratik Chandra Roy.

The couple had approached the forum claiming Preeti, who was owner of the car, had later on transferred the vehicle in the name of her husband Pratik.

The car was stolen and thereafter Pratik approached the insurance company for theft claim.

The firm had rejected the claim stating that on the day of the theft, the husband had not got insurance policy transferred in his own name.

The forum said "the opposite party (insurance company) is taking a super-technical view of the matter without any solid basis. In law, the husband acts for the wife also."

The forum noted that the car was stolen on December 27, 2008, after physical transfer and application to RTO for change of registration certificate (R/C) in the husband's name on December 16, 2008.

"It is a case of technical violation in terms of Motor Vehicle Policy and opposite party (insurance company) should settle the claim on non-standard basis as the matter is of transfer between husband and wife who constitute one unit of family and it is not a case of two strangers," the forum, also comprising its member S R Chaudhary, said.

The company had also repudiated the claim on the ground that both the transferor and the transferee have to request for change of R/C and his wife has not requested for transfer.

 Article referred: http://www.business-standard.com/article/pti-stories/consumer-forum-asks-insurance-firm-to-settle-car-s-theft-claim-114060501237_1.html

Comments

Post a Comment

Most viewed this month

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...
Post a Comment
Read more

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...
Post a Comment
Read more