Insurance claim
ratheesh
(Querist) 29 June 2012
This query is : Resolved
Dear Sir,
I had worked in a private company as accountant. At that time the company's MD's vehicle insurance ended and give cheque for renewing the policy but due to insufficient funds the cheque bounced, after that a DD was taken and informed the insurance company to collect it , but unfortunately before the insurance company collects it, the vehicle got accident and we didn't get the claim
now the problem is the md is saying it is my mistake that he didn't get claim and he is going to file a case against me
please answer : is there any legality for this case,
if i got govt job shall this affect my future
Kiran Kumar
(Expert) 29 June 2012
I dont think any case is made out against you.
the funds were insufficient not in your account....you were not the original account holder and you were also not responsible for insufficient funds.
now the question is whether this act formed part and parcel of your job or not?
if you were responsible to conclude this job and to take into consideration the sufficiency of funds (as per the job requirements) then the company may proceed against you provided there is no violation of any terms of the contract.
ratheesh
(Querist) 30 June 2012
Dear Sir,
I already informed my superior through mail that funds are insufficient and to arrange funds to pass the cheque,but he doesn't take steps to inform MD to arrange funds
My superior is the person who deals with insurance agent to take policy. After this cheque dishonour, he tell a lie to MD that the insurance company didn't accept cheque snd they want DD. Then a dd was taken and he asked me to inform the agent to collect the DD after returning the issued cheque,but the accident occurs before the date the agent agreed to come to collect it
Now the MD and my superior is filing a case against insurance agent as 1 person and me as second person for compensation The MD doesn't knows about the cheque dishonour details
ratheesh
(Querist) 30 June 2012
Dear Sir,
I already informed my superior through mail that funds are insufficient and to arrange funds to pass the cheque,but he doesn't take steps to inform MD to arrange funds
My superior is the person who deals with insurance agent to take policy. After this cheque dishonour, he tell a lie to MD that the insurance company didn't accept cheque snd they want DD. Then a dd was taken and he asked me to inform the agent to collect the DD after returning the issued cheque,but the accident occurs before the date the agent agreed to come to collect it
Now the MD and my superior is filing a case against insurance agent as 1 person and me as second person for compensation The MD doesn't knows about the cheque dishonour details
R.RAJENDRAN
(Expert) 30 June 2012
Under section 405 of IPC, for breach of trust , your MD might have filed a case against the insurance agent and you. This is what is presumed from what you have stated.
dev kapoor
(Expert) 01 July 2012
Hi
To be very frank plz tell (i)Is this MD's Official or private car in order to decide your official liability;(ii)Mode of intimating Ins Co to collect DD & (iii)After how long after this kind of intimation,the car met with an accident.
In any case,if the accident took place long after the policy had expired,the circumstances mentioned by you are of little help to MD to initiate any action but if it is within 15 days,then the matter can be pondered on different lines.Nevertheless it is the duty & responsibility of the insured to pay the premium in time(this includes your responsibility tooif you had this as a part of your duty).
I however respectfully differ from the opinion that it is a case of 'criminal breah of trust or misappropriation".In this case 'No amount of money was in any manner entrust to you or Ins Co as payment of premium for MD's Car, did you dishonestly cover or appropriate company's money for your own use". Official action for deriliction in duty may be taken....
ratheesh
(Querist) 01 July 2012
Dear Sir,
1, MD'S private car
2, through phone
3, within thirteen days
4,the accident took place after the expiry of policy of 2 months
and I am not the person who arranged this insurance agent , i was asked to take dd and inform the company to return the first issued cheque and give dd
And one doubt is that if the court decides to pay compensation, then how shall it be recovered or what is the procedure
ratheesh
(Querist) 01 July 2012
Dear Sir,
If a Court orders to recover compensation from me , then how can i be relieved from non payment of such compensation
R.RAJENDRAN
(Expert) 01 July 2012
Why do you jump to the conclusion that court will decide the case against you, thus compelling you to pay compensation?
You submit your case with strong grounds in favour of you.Truth will finally triumph.
dev kapoor
(Expert) 01 July 2012
YOU HAVE NO LIABILITY.
