Insurance claim

Rajaraman.A.K (Querist) 14 June 2011 This query is : Resolved
I have purchased a TATA indica car and insured with a private insurance company. While insuring my insurance agent wrongly recorded the use of vehicle as private vehicle. But the car was registered with State Transport authorities as Taxi. How i have not sent the registration certificate to the insurance company and they also did not asked for the same. Later the vehicle meet with an accident. No bodily injury to any body. At the time of the driver hold valid licence. However the insurance company rejected the claim stating the purpose of vehicle is deviated.
Please clarify me that though the car is insured as private vehicle, it is duly registered as taxi before statutory authorities and i am claiming compensation only to the damage of vehicle which is perfectly covered by the premium calculated propotionate to the value of the vehicle

can i entitle for compensation irrespective of nature of use?
Can i file a suit under deficiency of service against the insurance company for disentitling my claim citing technical errors?

Please clarify.
If you provide any precedent it would be much helpful..

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Devajyoti Barman (Expert) 14 June 2011
To succeed you need to establish that even after furnishing the right information the insurance company failed to show you properly.

The contract of insurance is based on utmost faith and the company would try to take advantage of its breach.

Guest (Expert) 14 June 2011
You have to rectify that mistake at an earlier stage but you haven't take any action that means waived so its very difficult to establish your case.

PALNITKAR V.V. (Expert) 15 June 2011
I am of the opinion that you should get compensation as you are claiming compensation for the damage of the vehicle and nothing more. Had you claimed compensation for the passengers then perhaps deviation of the purpose would have been relevant.

Advocate. Arunagiri (Expert) 15 June 2011
If your RC book shows that it is a taxie, at the time of paying the insurance premium and if your application for insurance you have mentioned that it is taxie, then the insurance company is liable to pay the claim.

I think there is a difference in premium for private cars and taxies. If so, clarify whether you have paid premium for taxie or private car.

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