Premium and Additional Premium in Motor Vehicles Act & Liability of Insurance Company in the case wherein the vehicle involved in the accident was stolen.

Premium and Additional Premium in Motor Vehicles Act & Liability of Insurance Company in the case wherein the vehicle involved in the accident was stolen.

 

Policy goods vehicle payment of additional premium whether

risk of person engaged in loading/unloading is covered

and IC is liable to pay amount of compensation? Held ; yes

2011 ACJ 1762 (KER).

Public risk policy extent of liability of IC truck hitting scooter

resulting in death of pillion rider premium was paid for public

risk liability which was more than the prescribed for the act

liability whether in this case liability of IC is limited as per the

act? –held ; no public risk is wider term and covers entire risk

faced by the owner of vehicle public risk would cover unlimited

amount of risk IC is liable

2010 ACJ 2783 (GUJ), 2011 ACJ 2029 (DEL).

Payment of premium was made on 6.12.2003 IC received

payment without there being all details of the vehicle and issued

policy on 29.1.2004 – Accident occurred on 28.1.2004 whether

in such situation IC can be held liable? Held – Yes.

2013 ACJ 344 (J&K).

Borrower of the vehicle met with an accident as scooter

Slipped no other vehicle involved said vehicle is owned by the

mother of the scooterist claim petition u/s 163Aowner

had taken personal accident cover of Rs.1,00,000/Whether

under this situation, IC is held liable to pay amount of compassion?Held but only upto Rs.1,00,000/Please refer to the case reported in 2014 ACJ 604 (P&H) HNB.

But in the case of ICICI Lombard vs. Ashaben Pratap

Vadher, reported in 2017 (1) GLH 27 and UII Com. vs.

Manishaben D. Parmar, reported in 2017 (1) GLH and 2016 ACJ

1050 (P&H) it has been held that such claim petition is

maintainable and claimants have to file appropriate application

claiming compensation against Insurance Company before the

Consumer Forum/Commission, as the case may be.

 

Liability of Insurance Company in the case wherein the vehicle involved in the accident was stolen.

 

 The case before Hon'ble Delhi High Court was that stolen car

hit pedestrian resulting in his death. Said vehicle was stolen

much before the accident and Insurance company paid

compensation to the real owner and vehicle was already

transferred under subrogation right in favour of the insurance

company. In the said facts of the case it is held that owner of the

vehicle is insurance company and original owner cannot be held

liable to pay amount of compassion. United India Insurance

Com. Ltd. v/s Amaratta, reported in 2014 ACJ 1706 (Delhi).

In another case, accident was caused by unknown driver by

stolen vehicle which stolen prior to the date of accident. After

the accident, said vehicle was returned to original owner by

Police. Owner was not aware as to who was driving the said

stolen vehicle and was possessing valid licence or not. Insurance

company disputed its liability on the count that the driver of the

stolen vehicle was not possessing valid and effective licence. Whether such stand of insurer is sustainable? Held The person

who committed theft and accident could not be traced by police

and, therefore, original owner cannot be held liable for the act

done by unknown person and defence of Insurer that driver of

the offending vehicle was not possessing valid and effective

licence cannot be accepted. NationalInsurance Company v/s

Golana, reported in 2014 ACJ 1165 (Allahabad).