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
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
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