2 days ago
Delhi Commission Upholds SUV Owner’s Insurance Claim Award
Ramesh Dalal’s SUV was badly damaged in an accident.
His driver, Surender Singh, was driving it at the time.
Dalal said he had checked Singh’s licence before hiring him.
The insurance company later said the licence was fake and refused to pay.
Dalal paid Rs 5,89,427 for the repairs himself.
A consumer forum ordered the insurer to reimburse him and pay compensation.
The insurer appealed, but the Delhi State Consumer Commission rejected the appeal.
The commission said the insurer had to prove that Dalal knew the licence was fake.
Because it did not prove that, the insurer must pay the award.
The Delhi State Consumer Commission upheld reimbursement of Rs 5,89,427 to SUV owner Ramesh Dalal.
The insurer rejected the claim after alleging driver Surender Singh used a fake licence.
The commission said a fake licence alone did not prove Dalal knew about it or wilfully breached the policy.
Dalal had paid for the repairs after the SUV was damaged in a February 20, 2010 accident.
The insurer must pay repair costs with 9% annual interest and Rs 1 lakh compensation.
- Who
- SUV owner Ramesh Dalal, driver Surender Singh, and the private insurance company involved in the appeal.
- What
- The Delhi State Consumer Commission upheld an order requiring the insurer to reimburse repair costs and pay compensation.
- Where
- The matter was decided by the Delhi State Consumer Disputes Redressal Commission and arose from an accident involving Dalal’s SUV.
- When
- The accident occurred on February 20, 2010; the commission’s decision was issued on September 10, with no year specified in the article.
- Why
- The insurer rejected the own-damage claim because it alleged the driver’s licence was fake, but the commission found no proof that Dalal knew this or wilfully breached the policy.
SUV Owner’s Position
Insurer’s Position
Effect of the alleged fake licence
SUV Owner’s Position
Dalal argued that he had checked the driver’s licence and had no reason to know it was allegedly fake; the claim should therefore be paid.
Insurer’s Position
The insurer argued that using the vehicle with a fake licence breached the policy requirement that the driver hold an effective and valid licence.
Proof of policy breach
SUV Owner’s Position
Dalal said the alleged proof was not properly established because the investigator, surveyor, or a competent licensing-authority official was not examined before the district forum.
Insurer’s Position
The insurer relied on a May 26, 2010 investigation report and alleged verification from the transport authority.
Legal standard for rejecting the claim
SUV Owner’s Position
The commission accepted that an owner is not ordinarily expected to independently verify a licence that appears genuine when the driver is competent to drive.
Insurer’s Position
The insurer contended that provisions used in third-party claims should not be extended in the same way to an own-damage claim.
Key facts
- Repair reimbursement
- Rs 5,89,427
- Additional compensation
- Rs 1 lakh
- Interest
- 9% annually from the complaint-filing date until realisation
- Accident date
- February 20, 2010
- Policy period
- June 30, 2009, to June 29, 2010
- District forum order
- November 13, 2017
- Appellate outcome
- The Delhi State Consumer Commission dismissed the insurer’s appeal
Quotes
Delhi State Consumer Disputes Redressal Commission
The state consumer commission that heard the insurer’s appeal
“The existence of a policy condition regarding a valid driving licence does not by itself establish a wilful breach by the insured.”
indianexpress.com
“Merely because the licence was subsequently found to be fake, the claim of the Respondent (Dalal) could not have been rejected.”
indianexpress.com
Sources
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