MACT CLAIM
SUBHASH SHARMA
(Querist) 19 June 2009
This query is : Resolved
ONE OF MY CLIENT MR. RAMESH PURCHASED A CAR ON INSTALLMENT BASIS THROUGH A DEALER.
HE PAID INSURANCE IN CASH TO A AGENT BUT ACTUALLY AGENT PAID INSURANCE PREMIUM BY HIS CHEQUE AND CHEQUE GOT DISHONOURED LONG BACK.
CAR WAS HIRED TO SOMEONE ON RENTAL BASIS.
ON THE WAY CAR MET WITH AN ACCIDENT.
WHAT IS THE RELIEF FOR CAR OWNER
V.V.RAMDAS
(Expert) 19 June 2009
Dear Subash,
You need not worry for that becacuse he will definitely get the O.D claim from the insurance company, if the agent is a bonafied agent of the company.You/ your client have to claim before the insurance company through a claim form if it will repudiated than you/your clint has to file a complaint before District consumoer forum for redressal but all other documents mut be in order.i.e. D.L,
Registration certificate, fitness etc.
dhiraj choudhary
(Expert) 20 June 2009
so for as law on dishonoring of insurance premium is concerned the insurance comp. is not liable but if u r able 2 prove before the tribunal that you paid premium in cash 2 d agent duly recognised by the company then co. is laible
Swami Sadashiva Brahmendra Sar
(Expert) 20 June 2009
when premium was paid (through cash),immediately a cover note would have been issued. if it is so, your client is duly insured .
Swami Sadashiva Brahmendra Sar
(Expert) 20 June 2009
further, even in payment through cheque cases, rights of insured depends on the conditions mentioned in cover note. dishonour of cheque is a diferent issue for which insurer has separate legal remedies. here rights of third party is also involved which can not be denied on the besis of technical faults iter se insurer and insured.
Jayashree Hariharan
(Expert) 20 June 2009
As long as you have your records right, no probs. You will need not pay out of your pocket, provided you have all the receipts for having paid the insurance premiums, and the rules regarding coverage, given by the insurance company. Pls go through the coverage part. it is important and will be able to help you through this. only then can u decide. have u paid all the premiums?
adv. rajeev ( rajoo )
(Expert) 20 June 2009
There will be a condition in the policy that cheque is subject to realisation. Premium is paid thru., cheque which is bounced even though cover note is issued insurance co., is not liable to pay the compensation to the car owner. Judgements have come.
MANISH
(Expert) 21 June 2009
Dear friend,
If the Insurane Company has issued a cover note, and accoding to that on the date of accident, the vehicle was insured, then the insurance company cannot deny any claim.
I agree with my Ld. Friends, especially with Dr. V.N. Tripathi.
If the car was not insured, then the company ought to tell you. If not insured, and you were relying on the company then does it mean, that your vehicle was being driven without any insurance, and breaching the condition of MACT Act, without any fault on your part?
Your liability was accomplished as soon as you tendered the consideration, i.e. premium of insurance, and a cover note was issued.
J K Agrawal
(Expert) 21 June 2009
if a cheque is bounced the insurer is liable to inform the fact and fact of cancellation of policy to the owner and the RTO (both necessary) under section 147 (4) of M V Act. Further the information should be prior to accident.
I think the both things are missing so you not need to bother.
United India Insurance Co vs Sandhya Devi & Ors
Himachal Pradesh High Court [ Single Judge ]
FAO No. 190 of 2004
Decided on 04/11/2008
Oriental Insurance Co. Ltd. vs Neelu Devi & Ors.
Jharkhand High Court [ Division Bench ]
M. A. No. 214 of 2006
Decided on 13/06/2008
National Insurance Co. Ltd. vs Sk. Ahmedunnisa & Ors.
Andhra Pradesh High Court [ Division Bench ]
C.M.A. No. 2312 of 2008
Decided on 04/07/2008
National insurance co v Rula 2000 ACJ 630 , AIR 2000 SC 1082, OIC v Indrajeet Kaur AIR 1998 SC 588
Secondly the principle is liable for acts of agent. If you have paid primum to agent you are safe.
