consumer matter
vinod bansal
(Querist) 15 April 2008
This query is : Resolved
my vehicle met with an accident when it was parked on road side actually a truck coming from back side got out of control when its front tyre brust.this truck hit my parked vehicle from the back side.when i lodged my claim in my insurence co..Company repudiate my claim saying that my driver was not having a valid driving licence at the time of accident.in fact and as per record and survey report at the time of accident my vehicle was parked than how company can repudiate my claim on this ground..Plz send me some authorities/judgments also.
Omkar
(Expert) 16 April 2008
I think the company is right
R. Brizmohan Singh
(Expert) 17 April 2008
Mr. Bansal,
Please refer to the judgement of Supreme Court cited as Jeetendra Kumar Vs Oriental Insurance Company or vice-versa which laid down when a truck blew up due to technical fault and the claim is repudiated on the ground that the driver of the truck at the time of accident did not have an effective driving licence, that the repudiation is not correct as the ground on which the claim was repudiated had no nexus with the cause of accident and hence, repudiation cannot be sustained.
