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Author Topic: Insurance Claim in Case of Motor Accident  (Read 344 times)

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Offline leonkamal

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Insurance Claim in Case of Motor Accident
« on: November 06, 2018, 09:22:47 AM »
Hello

My father passed away in a road accident in 1991. At the time of the accident he was in a commercial vehicle that he owned and had insured. The vehicle was ordinarily used for transporting newspapers. However at the time of the accident there were 4 other people seated with him. All were travelling to attend a religious function.

As the vehicle was completely damaged in the accident, we filed for an insurance claim. However the insurance company replied that since a goods carrying vehicle had been used for transporting passengers, no claim would be given. We never pursued the matter further.

Recently someone told me of a similar incident where the insurance company had provided the compensation to the victim. Can someone help clarify what is law in this case?

Thank you.

Offline kalaskarkk

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Re: Insurance Claim in Case of Motor Accident
« Reply #1 on: November 12, 2018, 11:10:16 PM »
Dear Sir,

It depends upon various facts of each case. And foundation is more important when claiming compensation. You should have claimed that vehicle was not used as goods vehicle etc.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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