Rajesh purchased a bus by taking a loan from ABC Limited. The bus was being used as private service vehicle and not as a public transport vehicle. It was insured under a comprehensive insurance policy issued by XYZ Insur
CS Professional · Insurance - Law and Practice · PYQS · December 2018
Rajesh purchased a bus by taking a loan from ABC Limited. The bus was being used as private service vehicle and not as a public transport vehicle. It was insured under a comprehensive insurance policy issued by XYZ Insurance Limited. The bus met with an accident, for which insurance was claimed. The insurance company appointed its Surveyor, who assessed the loss at ₹1,26,500. However the insurance company deducted ₹33,125 from the assessed amount on the ground that the driver did not have an endorsement on his licence to drive a transport vehicle. Even this amount was not paid to Rajesh, but was paid directly to the Finance Company. Advise: Was the insurance company right in deducting the amount of ₹33,125 from the claim amount?
Answer & Explanation:
No, the insurance company was not right in deducting the amount of ₹33,125/- from the claim amount on the ground that the driver did not have an endorsement on his licence to drive a transport vehicle. Once a person had a licence to drive a heavy goods carriage vehicle, it would mean that he was entitled to drive a transport vehicle. Due to this entitlement with the driving licence the driver was allowed to drive the bus 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 the amount of ₹33,125/-. 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 ₹5,000/-.
Topics: Motor Insurance
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