Bhavani Singh (others) 06 November 2018

Insurance claim in case of motor accident

Hello

My father passed away in a road accident in 1991. At the time of the accident he was in a commercial vehicle that he owned and had insured. The vehicle was ordinarily used for transporting newspapers. However at the time of the accident there were 4 other people seated with him. All were travelling to attend a religious function.

As the vehicle was completely damaged in the accident, we filed for an insurance claim. However the insurance company replied that since a goods carrying vehicle had been used for transporting passengers, no claim would be given. We never pursued the matter further.

Recently someone told me of a similar incident where the insurance company had provided the compensation to the victim. Can someone help clarify what is law in this case?

Thank you.

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3 Replies

P. Venu (Advocate) 07 November 2018

The decision denying insurance claim need to be perused in order that any meaningful suggestion could be given.

G.L.N. Prasad (Retired employee.) 08 November 2018

Search in google and find from any friend or relative insurance company about such cases and circumstances involved. It is absolutely true that a goods vehicle can not permit any passnger. Once when a case is booked and evidenses are on record, it is too late to make any changes. Insurance is having several aspects for vehicle and for third party. You have not claimed which insurance is denied. If those passengers are close relatives or having some medical emergency or public servants on such duty, may be your advocate can convert the case but once again at the cost of repetition too late to alter statements. recorded.

Suri.Sravan Kumar (senior) 22 November 2018

pl clarify are you claiming compensation for the damages caused to your vehicle or compensation to the inmates of the vehicle?

if the compensation is for the damages to the vehicle and if the vehicle is found carrying persons beyond its seating capacity the claim can be settled under non standard basis.

if the compensation is for the injuries to the inmates Then Insurance co is not liable as passengers are not allowed to be carried in a goods vehicle except owner of the goods.