Insurance company lost claim file and withheld claim of insured/consumer complaint
vinod bansal
(Querist) 07 October 2010
This query is : Resolved
R/Experts
claim file of my client was misplaced by insurance and insurance withheld claim for a period of about 2 years on one or other pretext,ultimately insured file a RTI in which first time it reveals that file is not traceable with insurance co. now complaint is pending in consumer forum in which insurance co. is ready to pay Rs. 200000/- as per survey report(copy of Survey report was available with surveyor)Hon'ble bench of consumer forum is not agree with my submissions and insisted me to accept amount of survey report,my request is for interest and compensation,kindly avail me any citation favouring me on given facts. Thanks
Devajyoti Barman
(Expert) 07 October 2010
If during the pendency of a legal proceeding the , the opposite party offers any amount as a settlement amount. the court can not force the petitioner to accept the same.
In your case if you think that the report of the surveyor is below the actual damage then you can pray for appointment of another surveyor.
Chanchal Nag Chowdhury
(Expert) 08 October 2010
U have not stated as to why your claim has arisen. If the insurer has lost all originals, U may proceed by producing secondary evidence.The court cannot force U to accept the settlement amount offered. However, U may have one thing clarified--is the settlement amount being offered by way of compensation only? If that is so, U may be offered interest on the amount in addition.
vinod bansal
(Querist) 08 October 2010
iTS A CLAIM FOR OWN DAMAGE AS IT ARISE DUE TO ACCIDENT OF TRUCK OF INSURED,tHANX N rEGARDS
