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Y.SARATH BABU (ADVOCATE)     20 April 2010

INSURENCE CLAIM IN LORRY ACCIDENT

Dear sir's,

                 I am working as legal officer in a company.  in our company engaged a transporter to transport the goods of company to another area.  when goods are transporting in a lorry the said lorry was met with accident fell down in a ghat road due to the negligent driving of the driver.  goods in lorry also destroy became ash.  In this circumstances we file  a case for claim against the insurance company of the lorry and lorry owner for our goods.

This claim is maintainable or not.  please clarify the same.

Thanking you,



Learning

 4 Replies

DISHA D. SHAH (lawyer)     19 June 2010

yes ofcorse maintainable and you can won case, there are many citations for that.

gs (doctor)     25 July 2010

my father met with a road accident in 2000 and got seriously injured with almost 100% disability when he was 51 yrs and earning a salary of 20,000 in central govt school.we filed a mact case and got compensation of 11 lakh. we feel cheated as the compensation appears to be too low .can someone guide me on that

DISHA D. SHAH (lawyer)     26 July 2010

sir for giving your ans i want to know  "any effect on job for this injury?

GANESAN (INSURANCE MANAGER)     04 December 2010

Dear friend,

The claim is maintainable as against the carrier who has issued the Consignment Note, as per the Carriers' Act, unless and otherwise he has restricted his liability as agreed between the parties.  His liability is restricted to the extent of damage to the goods or the value of the goods mentioned in the G.C.Note, whichever is higher.

The claim is not maintainable against the insurer of the lorry.  The goods carried in the lorry are excluded in the Motor Vehicles Insurance policies. 

The insurer is only liable if the carrier has taken a carriers' legal liability policy, that too to the extent of the amount of liability specified.

 


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