Insurance company penalised for denying claim to accident victim’s kin

The UT District Consumer Disputes Redressal Forum has penalised an insurance company for denying the claim for an insured car as the representatives of the deceased policy holder failed to submit his driving licence.

Written by Shivani Yadav | Chandigarh | Published:July 21, 2012 1:29 am

The UT District Consumer Disputes Redressal Forum has penalised an insurance company for denying the claim for an insured car as the representatives of the deceased policy holder failed to submit his driving licence.

New India Assurance Company Limited in Sector 30 had rejected the claim on the grounds that the insured was not holding a valid driving licence at the time of the accident.

His wife and two sons alleged Lally had taken an insurance policy for his Skoda car in April 2010. The car had met with an accident 10 days later at Hoshiarpur. Lally along with two others had died in the accident. The necessary documents,except for the driving licence,were submitted by Lally’s kin to the insurance company. However,neither the police FIR nor Lally’s family could confirm that Lally was driving the car himself at the time of the accident. As his wallet could not be found after the accident,his driving licence could not be produced.

However,the perusal of the insurance cover note mentioned details of the driving licence of the insured.

The forum directed the insurance company to pay Rs 4,73,888 insured declared value (IDV) of the car,Rs 1 lakh as assessed by the surveyor,along with Rs 2,00,000 towards the personal accident claim of the deceased. The company is additionally penalised to pay Rs 50,000 on account of deficiency in service and having caused unnecessary harassment and mental agony to the complainants,along with Rs 10,000 towards cost of litigation.

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