Insurance claim repudiated on the ground of non insurable in
vinod bansal
(Querist) 23 May 2009
This query is : Resolved
Respected all members
I purchased a car from mr. mainpal & no writing work was done for transfer of ownership in Registration Certificate (RC)even no affidavits very exchange in between us regarding sale & purchase of car as we are good friend secondly car was financed from ICICI Bank & above original registered owner Mainpal is still depositing instalements every month,now problem is this ,the said car was stolen from my house & police & insurance co. was intimated accordingly by me for necessary action,FIR was also got registered by me in which this fact is mentioned that the car had already purchased by me from its regisrered owner but RC & insurence policy is still in the name of original owner as ownership was not got transferred due to finance on car even no any application was moved before registration authority by us for transfer of ownership in RC book of car,claim was lodged by me in insurence co.,investigator of insurence co. came to me & original owner & obtained an affidavit from Mainpal (original owner) that the car has already sold out to Bhupender (i.e. to me.)similarly an affidavit was obtained from me in which it was mentioned that the car has purchased by me.Later on untrace report of police was submitted by me to the insurance but now insurance co. has sent me a no-claim (repudiation)latter saying that I have no any insurable interest in the stolen car & there is no any contract in between insurance co. & me bcoz i m not registered owner of the stolen car,Registration certificate RC & insurence policy is still standing in the name of original previous owner,there is nothing on record regarding transfer or sale or purchase of stolen car except the affidavit obtained by the investigator of the insurance co. from both of us.copy of no-claim latter has also sent to original owner by the insurance co.,now we want to file a consumer complaint against insurance co. ,what ground we have to taken in complaint secondery in whose name we have to file complaint or we have to file a joint complaint.My relation with original owner is very good & there is no any problem if insurance co. paid claim to the original owner similarly original owner have no objection if I filed complaint & insurance give me claim amount cheque.Plz help Thanks in advance
Swami Sadashiva Brahmendra Sar
(Expert) 23 May 2009
Mr. Bansal ! in the eyes of law, you have borrowed the car from your friend. unless there is any stipulation in the insurance cotract prohibiting borrowing, the insurance co is liable.even from the afidavits the insurer takes a plea that car was transferred for consideration, it has to establish that such transfer was in violation of conditions of insurance contract.
