Inder had purchased a bus by taking a hire-purchase loan from Swami Financiers. The bus was used as a private service vehicle and not as a public transport. It was insured under a comprehensive motor policy issued by Sun

CS Professional · Insurance - Law and Practice · PYQS · June 2016
Inder had purchased a bus by taking a hire-purchase loan from Swami Financiers. The bus was used as a private service vehicle and not as a public transport. It was insured under a comprehensive motor policy issued by Sun India Insurance Co. Ltd. The bus met with an accident and an insurance claim was lodged. The insurer appointed a licensed surveyor who assessed the loss at ₹1,26,500. Out of this, the company deducted ₹33,125 on the ground that the driver of the bus did not have an endorsement on his driving licence to drive a transport vehicle. The balance of the amount was paid by the insurer to Swami Financiers. Aggrieved by this, Inder filed a complaint before the Consumer Forum. You are required to answer the following: Can an insurance claim be paid to the financier and not to the insured?

Answer & Explanation:

No, the action taken by the Company is not justified for the following reasons: Firstly, if a person has a licence to drive a heavy goods carriage vehicle, it also means that he/she was entitled to drive a transport vehicle, including a public service vehicle, hence repudiation of the claim on this ground or reason is not tenable. Secondly, the company is also not right in making a part payment of the amount of loss. The Commission should direct the insurance company to pay the balance amount and the Consumer Forum may decide such interest & costs. Thirdly, the practice adopted by insurance companies of directly paying to the financier, without informing the insured or without his consent, cannot be justified. If the insurance Policy is taken in the name of the vehicle purchaser, there is no question of paying the amount straightaway to the financier.

Topics: Motor Insurance Claims

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