A purchased a car getting it financed by XYZ Finance Limited. The car was being used for a company's executives only. The car met with an accident. A filed a claim with the insurance company ABC General Insurance Limited

CS Professional · Banking and Insurance - Laws and Practice · PYQS · December 2024
A purchased a car getting it financed by XYZ Finance Limited. The car was being used for a company's executives only. The car met with an accident. A filed a claim with the insurance company ABC General Insurance Limited. The insurance company got the vehicle surveyed and the loss was assessed at ₹ 1,55,000/-. The insurance company paid the claim amount directly to XYZ finance company without any information to A. Moreover the insurance company had also deducted ₹ 36,400/- from the claim on the ground that the driver did not have any endorsement on the license to drive this vehicle for the company. In this case advise: Is it right on the part of the insurance company to deduct amount of ₹ 36,400 from the claim amount?

Answer & Explanation:

No, the insurance company was not right in deducting the amount of ₹ 36,400.00 from the claim amount on the ground that the driver did not have an endorsement on his licence to drive that vehicle. Once a person had a proper licence to drive a four-wheeler, it would mean that he was entitled to drive any car for any owner. Due to this entitlement with the driving licence the driver was allowed to drive the car which met with the accident. The insurance company in such a case was liable to pay the full amount of claim and was not justified in deducting any amount on whatsoever reason. A, the aggrieved insured person should file a complaint at the appropriate forum, so that the insurance company pays the balance amount along with interest at 12 percent and cost of ₹ 10,000/-. The insured can challenge the deduction, citing relevant judicial precedents and principles of proportionality. Courts or consumer forums are likely to consider whether the breach materially affected the insurer's risk before ruling on the matter.

Topics: Insurance Laws and Practice

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