absense of insurable interest
vinod bansal
(Querist) 22 September 2009
This query is : Resolved
R/Members
I purchased a old car & RC was transfered in my name but insurance policy is still in the name of previous owner whereas registration certificate has transferred in my name,unfortunaly this car met with an accident & i lodged claim for damages but insurance co. repudiated my claim stating that as the insurance policy is still in the name of previous owner whereas RC has transferred in the name of subsequent owner,hence no insurable intertest & claim file closed.I have listen that now insurance goes with vehicle & i m still entitled being registered owner of vehicle to get my claim ..Plz help me.riven
DD Sathe
(Expert) 23 September 2009
RC book entry could not have been changed unless Third Party Cover was secured in the name of new owner. If earlier owner had comprehensive cover including third party it is likely that changes have been effected.
Else you don't have claim and pl ensure at least third party insurance is immediately secured by you to avoid other complications.riven
adv. rajeev ( rajoo )
(Expert) 23 September 2009
Dear Vinod,
Yesterday only I came to know that even insurance policy is in the name of previous owner, the new owner can claim the compensation. I will give u the ruling.riven
Raj Kumar Makkad
(Expert) 23 September 2009
I have not seen such authority as mentioned by Rajeev. If it exists then it is marvelous and shall definitely change the scenario of litigation in such matters.riven
Sarvesh Kumar Sharma Advocate
(Expert) 24 September 2009
bansal sir, after waiting of the ruling(i think there is no ruling) i m also with mr. d.d.sath .riven
vinod bansal
(Querist) 24 September 2009
Plz all concerned be note....Narain singh vs. New India Insurance 2007 CPJ 289 NC-----oriental insurance vs. tanuraam mahanta consumer judgments 2009 page 204 NATIONAL COMMISSION --Vinod Bansal Advocate Distt. Courts Jind Haryanariven
