• Commercial Vehicle Insurance Law & Rule - Regulation

I have buying a Toyota Etios GD for comercial purpose , at the time of buying I have done a Comercial Insurance from CHOLA MS Insurance , and the showroom has given me the TEMPORARY REGISTRATION for 1 month, Unable to get the R.C due to not getting the Permit Issuance certificate from Transport Commisioner, but sudenly my car got road accident due to road issue , no thired party was injured during the accident, I have submited the Police Report also to Insurance company, but they have denied the claim , as I don't have the R.C and permit, and isurance company also told me that as the place of accident is not my home town so that as per comercial vehicle rule they are unable to provide me the claim, Is this the valid reason ? How should I approach the insurance company to avail the claim?  What are the act as per IRDA ? Kindly suggest.  You suggesstion is very valuable for me.
Asked 12 months ago in Property Law from Guwahati, Assam
Religion: Muslim
1. Well you have received the registration of commercial licence then the vehicle would be considered for domestic use.
2.In that event if there was still insurance policy then it does not matter whether the accident occurred at hometown or at outside.
3.So if the insurance company is nt paying you the insurance money you can file a case in consumer forum to claim the same.
Devajyoti Barman
Advocate, Kolkata
10395 Answers
125 Consultations

5.0 on 5.0

Have you applied for insurance claim and did the company repudiate the claim in writing?

If so, or even otherwise, yu may first issue a legal notice claiming the insurance amount for the osses suffered based on the insurance police as well a the temporary registration.

The company cannot reject the claim on such silly reasons or else the company should not have insured the vehicle.

You can file a consumer grievances redressal case subsequently claiming the insurance amount accordingly.
T Kalaiselvan
Advocate, Vellore
27730 Answers
288 Consultations

5.0 on 5.0

1) you were plying the accident vehicle at the time of accident without registration certificate, permit and fitness against the terms and conditions of the policy and the provisions of the Motor Vehicle Act. As per policy, the documents were necessary for a commercial vehicle.

2) Fitness certificate clearly states that all provisions and conditions of Motor Vehicle Act had been complied by the respective motor vehicle and this vehicle was fit for plying on the road

3) registration certificate can be issued only after fitness certificate is issued 

4) Before issuing the said documents, physical verification of vehicle is necessary by the registration authority.

5)  section 66 (1) of the Motor Vehicles Act, 1988 which reads as under:

. Necessity for permits (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or counter signed by a Regional or State Transport Authority or any prescribed authority authorizing him the use of the vehicle in that place in the manner in which the vehicle is being used.

6) in present case at the time of accident the vehicle in question had only temporary registration certificate and as per the section 39 of the M V Act, 1988, no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter 

7) the insurance company is justified in repudiating your claim as you did not have road permit and RC 

8) you are not allowed to use the car for commercial purposes during period of temporary registration 

9) you can file complaint before consumer forum to claim loss suffered by you from repudiation of claim but chances of success are bleak 
Ajay Sethi
Advocate, Mumbai
37747 Answers
2117 Consultations

5.0 on 5.0

As per section 23 of the said Act, the temporary registration is valid only for one month and is not renewable. Section 66 (i) and (k) of the M V Act, 1988 reads as under:

(i)                  To any goods vehicle, the gross vehicle weight of which does not exceed 3000 kilograms;

(k) To any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle.

temporary registration certificate is issued to only proceed for registration of vehicle ,you cannot use vehicle for commercial purposes during said period 
Ajay Sethi
Advocate, Mumbai
37747 Answers
2117 Consultations

5.0 on 5.0

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