Tuesday, August 5, 2014

Insurance Claims Cannot Be Repudiated On Technical Grounds: Consumer Forum

The Thane District Consumer Redressal Forum (TDCRF) on Wednesday directed a private insurance firm, Future Generali India Insurance Company to pay the complainant the claim amount of Rs 1.5 lac and also Rs 25,000 towards legal expenses.

In its order, the Forum President Mr. Umesh Jhavalikar and Member ND Kadam stated that even if there is violation of the conditions in the insurance policy the insurance company cannot reject the claim taking shelter under 'technical reasons'.

The complainant, Ashok Kesav Pandit of Shahapur town of Thane district filed a complaint with the forum against the insurer of his car Future Generali India Insurance Company after the insurer rejected its claim on technical grounds.

On September 29, 2009, the driver of the car Rajendra Amrutlal Pal aka Pappu was on his way to Mumbai from Kankawli. He had offered lift to two persons and also charged them, but the car met an accident on the way.The passengers died and the car got damaged in the accident. According to the claimant, he informed the insurance company about the accident and lodged the claim for the damaged vehicle. But the insurer rejected the claim arguing, since it was a private car and the owner used as a passenger vehicle, which is a violation of insurance norms.

However, the forum, in its order, citing a Supreme Court ruling said the company is bound to give 75 per cent of the claim, as per the apex court's ruling.

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