RAJAN (Manager) 12 October 2009

MACT CLAIM

Gentlemen,

I met an accident at my home town in Kerala. The insurance policy was not changed by me and the policy is under previous owner name. When I approached the insurance agency they refused to attend my issue due to the name mentioned in the policy is diffrent. Do i'm entitled for the insurance claim? Do I have to compensate the counter party who involved in the accident in the case he claim? Appreciate your advise and well suggestions inorder to relieve me of thinking the subject.

Regards

RAJAN

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 13 October 2009

u can claim the compensation. U have to make owner of the vehicle, insurance co., and the driver of the vehicle as respondants.

I have already posted an article.egarding the insurance policy

for your information it is here once again.

1) tansfer of insurance : certificate of insruance is deemed ot be tranferred in favour of the person to whom vehicle is transferred with efeect for the date of its transfer

repoorted in Accident compensation reports feb 2009 page No: 207 ( p & H)

2) if vehicle metts with an accident when in custody of de fact owner, de facto owner is liable to pay compensation-He cannot escape his liability on the ground that de jure owner had undertaken to meet liability of third parties.

reported in Accident compnesation reports page No: 954 sept 2009 andhra pradesh.