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Ashutosh Choubey (Company Secretary)     26 October 2009

Liability of Insurer

Dear All

The goods entrusted to public carrier and the goods are insured. In an accident the goods are damaged. Whether the insurance company will be liable to compensate damage to the owner of the goods on production of damage certificate from the carrier or should the owner approach the carrier to compensate loss invoking the liability of carrier under the Carriers Act.

Please enlighten. 



Learning

 3 Replies

Theja (Lawyer)     29 October 2009

Damages can be claimed from the Carrier. Also, you can claim the amount the unsured amount from the insurer.

G. GANESAN (ASSISTANT MANAGER)     20 June 2010

The Motor Insurance Policy excludes damage to the property belonging to the insured or held in trust by him or under the control of the Insured, owner of the vehicle.  So the property carried in the vehicle is not covered by the Motor policy.

The only recourse is to claim from the carrier under the CARRIERS ACT.

AA RAMAKRISHNAN (SR. ADVOCATE)     20 June 2010

Dear Member:

It seems that the goods are insured.  Is it a marine/transit insurance or a general insurance.  Any way you have to inform the insurance company about the damage and they wii assess the damage by their valuer.  Then you have to submit a regular claim of the damage where you can attach the certificate obtained from the insurer.  Your claim will be settled by the insurance co. as per the policy conditions.

Thanks.

aar. krishnan


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