Road Accident death claim

Sumbul (Querist) 30 May 2011 This query is : Resolved
Hi,
I lost my father in a road accident last year. His driving license along with other important documents was lost at the accident site. I have filed a missing report at the concerned police station and also in the leading newspaper.
Now at the time of claiming the insurance, the insurance is asking for the driving license and saying that the claim will not be passed unless a copy of the DL is presented.
I have no record of my fathers Driving license number or anything.
Please advice me on how to proceed further. Is a life insurance claim really null without a driving license.
Please Help..
Thanking you in advance.
Sumbul.

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M/s. Y-not legal services (Expert) 30 May 2011
Yes. Without valid driving license the claim is questionable before law.

M/s. Y-not legal services (Expert) 30 May 2011
Dear sumbul., nothing to worry for your situation. Just you may go to your concern R.t.o Office, you can search that details with some one official's help in the year wise, also name wise.. This is the quick way to collect your dad's licence number. Or just take the legal way..

M/s. Y-not legal services (Expert) 30 May 2011
You can get the details under R.t.i act. With your father's details sent a application to concern r.t.o. Practically its having some troubles. Even you can get it soon.

Sumbul (Querist) 30 May 2011
Thanks Tom for your reply.

But how will i produce his driving license. As i mentioned it is probably lost at the accident site and we dont have any record of it.
Please suggest how to I go ahead on this.
Is the law going to give more importance to a missing DL than the loss suffered by me and my family. Its already been proven he was fully fit and in sound condition when the incident occured.

Thanking you in advance. Please help.

Sumbul.

Sumbul (Querist) 30 May 2011
Thank again Tom for all the help. I think i should visit the rto office and try finding the DL.

Thanks and Regards,
Sumbul.

M/s. Y-not legal services (Expert) 31 May 2011
This r.t.o proceeding may be pending. You can file a motor accidents claim petition before concern court sumbul. After got the driving licence you can file it before court as additional document.

Sarvesh Kumar Sharma Advocate (Expert) 31 May 2011
Is a life insurance claim really null without a driving license.

no.

file claim pitition!

manoj kumar (Expert) 31 May 2011
Mr. sumbul you need not to worry please try locate the RTA from where DL of your father was issued and search it by into the record of that RTA if it is Computerised officed then it can be searched very easly and if it is mannual then you have get it searched by looking into the register of that year. just get the copy of DL from that RTA office either by personnaly or through RTI and submit it before the Insurance Company this will be sufficiet to get the calim . In case the Insurance Company repudiates the claim you can file the calim before the Court and original DL is not necessary for such Claim. Moreover burden of proof for DL lies on Insurance Companyand not on the claimant.

Sumbul (Querist) 31 May 2011
Thanks All..

Sumbul.

Bidhan Dave (Expert) 31 May 2011
For Life Insurance you are not required to produce the driving license of your late father. If Life Insurance company is not processing your claim in that case you can send legal notice to settle your claim. Even after legal notice if the life insurance company has refused to pay you, in that case you can file complaint in the consumer court.

If your father had taken personal accident policy in that case also the insurance company can not ask for driving license of your father & the company has to pay you the sum assured.

Guest (Expert) 03 June 2011
I endorse the views of Mr. Bidhan Dave. You may go through the conditions printed in the Insutance policy and ask the Insurance company to fulfill their obligation.

Road Accident death claim

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