shalini (not working) 17 August 2012

Help regnsurance regarding insurance

Dear Friends

my friend has insured vehicle. The vehicle was damged due to short circuit on the way.Fire brigade was called but it was completely burnt till the fire brigade arrive at incident place. The FIR was lodged at police station but driver name was not mentioned in FIR. Insurance company has objected during dcumentation then driver name was added in FIR with the permission of DIG.

Insurance company has denied the claim on following basis

according to Insurance company their surveyor has given report that owner not driver was driving the vehicle doesnt have valid licences. Insurance compnay denied the driver name in FIR .and said that it was intentionally put in the FIR.

However The driver who was runing the vehicle at that time has valid licence and his name was there in all insurance paper as driver.

Can we file the case in consumer court while it was pending in i Insurance ombudsman.

I would higly appreciate.

Thanks in advance

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3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 August 2012

Yes. you can approach consumer forums

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR) 19 August 2012

YES. YOU CAN APPROACH THE INSURANCE FORUM.

Also you take the following stand

1. The manufacturer/supplier of vehicle has not complied with the basic warranty conditions.

2. The driver is driving the vehicle for the benefit of the owner (insured) at the time of fire.

3. you seek exemplary damages and indirect losses etc.

In case you get insurance claim, if any oher claim you get from consumer court should be sufrendered to the insurance company as the basic principle of insurance is subroagation. Thus you cannot get claims from two sources. In case you are successful in both the claims, you can only retain one claim amount and the rest to be surrendered to insurance company.

dr vedula gopinath

advocate high court

vgopinath2@yahoo.com

09848227926