Temporary vehicle registration and issues
Hello
I have two queries:
1) I have a bike which met with an accident last month. Due to my work pressures, and a desire to get a special number, I missed out on two three opportunities to get a permanent registrations for the vehicle. The insurance company is denying the claim on the grounds that the vehicle had an expired temporary registration even when the claim was registered within the insurance duration. The bike is a premium vehicle and the damages run into some 5 lakhs.
2) After this incident if I want the vehicle to be registered , can i get it to an RTO by towing and get it registered in my name considering that the repairs will not start immediately (not sure if the forum is the right place but requesting help nevertheless)
Asked 8 years ago in Civil Law
Hello Mr. Sethi
Thanks a lot for responding. I read the entire policy document shared with and at no place is it specifically mentioned that because of expiry of temporary registration the company will not be liable to pay the claim or the words "temporary registration" used any where. The closest clauses that I can check are these
Limitations as to Use:
The Policy covers use for any purpose other than
a) Hire or Reward, b) Carriage of goods (other than samples or personal luggage), c) Organized racing, d) Pace Making, e) Speed testing,f) Reliability Trials, g) Any purpose in connection with Motor Trade.
I/We hereby certify that the Policy to which this certificate relates as well as this Certificate of Insurance are issued in accordance with the provisions of Chapter X and Chapter XI of M.V. Act, 1988.
And
Limitations of Liability
Under section II-I(i) of the policy -> Death of or bodily injury : Such amount is necessary to meet there requirements of the Motor Vehicles
Act,1988. Under section II-I(ii) of the policy -> Damage to Third Party Property : Rs. 100000
I hold a valid driving license which was valid at the time of accident as well. In the conversations with the surveyor (which of the insurance company), I was told that the sole reason for rejecting the claim is the lack of permanent registration. The company is sending me a letter through normal mail and he has asked me to respond to it for me to get what he says "is the best possible resolution".
One more advice. If I go through the consumer forum route, in your experience what will be the time taken for this to get resolved. Because I am sure once and if the judgement comes in my favor, the company will try to get to higher courts as well.
And yet again, thanks a lot for the information.
Asked 8 years ago
Thank you for the information Mr. Kalaiselvan, Mr. Ajay and Mr. Davessar.
Following is the content of the letter dated [deleted] that I received today
Bajaj Allianz General Insurance Company Limited
Without Prejudice
To
Me and my address
Claim Number:
Policy Number
Insured Name: Same as me
Vehicle Number
Date of Loss: [deleted]
Dear Sir/Madam
With reference to your reported OD claim and the above mentioned policy, the documents submitted by your good selves and the available information while scrutinizing/processing of your claim the following observations were made:
The insured vehicle was temporarily registered, the same was expired on [deleted] and was not registered permanently, where as loss occured on [deleted]. Hence, the registration is not valid at the material time of the accident.
The said vehicle was been driven without permanent identification mark at the material time of accident which is a violation under motor vehicles act 1988, sec-39 termed as "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 and the certificate of registration of the vehicle has not been suspended or cancel and the vehicle carries a registration mark described in the prescribed manner"
In the view of the above circumstance we request you to clarify the above observation with documentary evidences within seven days from the date of receipt of this letter as to why your claim should not be denied/repudiated.
Please note that nothing contained in this letter is or should be construed as a waiver of any one of more rights on our part and all our rights and in relation to the policy remain fully reserved.
Thanking You
Authorised Signatory
Bajaj Allianz General Insurance
Please excuse the typos, I have retyped here the entire letter. However, one quick correction on the observation made, the vehicle had the temporary registration clearly displayed on both the front and the rear. Also, I don't know the process but they have not included the surveyor's report even after I asked the surveyor for it. While drafting the response, are there any specific points that I can bring up or some things that I need to be careful about?
Asked 8 years ago
Thank you everyone. I put in a sort of a complaint with the IRDA and the insurance company finally decided to call me a few days ago since I have been repeatedly asking them for a clause on the insurance policy that was violated and also the surveyor report. On call their surveyor lead mentioned the Apex Court has maintained that the claim repudiation is valid (an example which is referenced in many cases is this http://judis.nic.in/supremecourt/imgs1.aspx?filename=41875) and that since the claim is untenable the insurance company is not entitled to send me the surveyor report as well.
I have seen the above Apex court result reference mentioned in more recent judgements in the National Commission as well (in the year 2014). Also more recently the judgements of National Commission in similar cases have kept the insurance company at an advantage (Rev Petitions 3044, 4235 of 2014 and Rev Pet 3937 of 2013). The 2013 last one is closest to my case (though I was within city limits and have a valid driving license)
Are there more recent judgements of the National Commission and/or the our Apex court which I can use to prepare my case in front of the IRDA and then on to the respective forums? Clearly, from the experience I have had with the insurance company it has no intention of paying any claim amount. Help would be greatly appreciated.
Asked 8 years ago