A vehicle met an accident before getting reg. no. By RTO
M/s. Y-not legal services
(Querist) 04 September 2010
This query is : Resolved
Its just a imaginary problem. Even give me solution: i purchased a new car, after finished formalities got delivery the vehicle from show room.. I mean vehicle's amount, road tax, insurance amount everything paid. Now i am going to registration before r.t.o. On the way i met an accident.. Heavy damage to my new car.. Now how can i claim my insure from my insured company. Any citations available mean please- _by. tom
s.subramanian
(Expert) 04 September 2010
Obviously you are on the legal point that you are yet to become the registered owner of the vehicle under law since it is not registered. But it is not a bar to claim compensation. By paying the value of the car and purchasing it under a valid sales invoice of the authorised dealer you become the owner of the same immediately. The registration is only the confirmation of such ownership by the government. Hence you are entitled to claim compensation.
adv. rajeev ( rajoo )
(Expert) 04 September 2010
Yes you can claim the damages. There will be temporary registration in your name and insurance will be there.
M/s. Y-not legal services
(Querist) 04 September 2010
No raju sir. Temporary number not mandatory.. If we need mean we can get it. Otherwise directly we wil get our registration number only.
Rajeev kulshreshtha
(Expert) 04 September 2010
yes you entitled for the compensation. The Hon'ble National Commission in its judgement has laid down that if the insurer are so strict about the non registration of vehicle they should have been cancelled the policy with in reasonable time after bring it to knowledge of insured.if it has not been done the insurer cannot avoid its liability.
N.K.Assumi
(Expert) 05 September 2010
Interesting query and practical one too. Suppose he is to claim Insurance, against which company he will claim the insurance? Yes, he paid the insurance amount but to which Insurance company?
Arvind Singh Chauhan
(Expert) 05 September 2010
Insurance is not of only vehicle of particular registration number, but also of vehicle of particular chesis No. Insurance at the time of sale, bears chesis No. of the vehicle. Thus your claim is tenable.
