Vehicle Insurance Policy - Gbic.co.in
Vehicle Insurance Policy - Gbic.co.in
Vehicle Insurance Policy - Gbic.co.in
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vehicle was sold to <strong>co</strong>mpla<strong>in</strong>ant Mr. Deepak. These Transfers were not re<strong>co</strong>rded <strong>in</strong> thepolicy. The supreme <strong>co</strong>urt held that the transfere does not follow the procedure undersec. 157 to <strong>in</strong>timate and get the policy transferred is not entitled to claim. Further the14 days is not applicable <strong>in</strong> this case, s<strong>in</strong>ce the <strong>in</strong>terest of Mr. Saheesh Kumar and Mr.Ashok was not re<strong>co</strong>rded under the policy. Under these circumstances, this Forum <strong>co</strong>uldnot f<strong>in</strong>d fault with the <strong>in</strong>surer.Chennai Ombudsman CentreCase No. IO (CHN) / 11.03.1004 / 2005 - 06Dr. S. BalkrishnanVsThe New India Assurance Co. Ltd.Award Dated 24.6.2005Dr. S. Balkrishnan <strong>in</strong>sured his vehicle TSH 0303 - 1987 model with The New IndiaAssurance Company Ltd., Chennai for the period from 1.4.2003 to 31.3.2004 andenjoy<strong>in</strong>g No Claim bonus of 65 % The vehicle was sold on 29.8.2003. He purchased anew vehicle and <strong>in</strong>sured the same with National <strong>Insurance</strong> Co. Ltd., New Delhi from29.9.2003 to 28.9.2004. The National <strong>Insurance</strong> Co. Ltd., has allowed the NCB onprorata from 31.3.2004 to 28.9.2004 on the basis of NCB certificate issued by previous<strong>in</strong>surer The New India Assurance Co. Ltd., The Insured has represented to allow theNCB for the whole policy period from 29.9.2003 to 28.9.2004. The Insured admittedthat he submitted the <strong>co</strong>nfirmation certificate of NCB 65 % from New India and he didnot <strong>in</strong>form the <strong>in</strong>surer immediately about the sale and it is responsibility of the buyer to<strong>in</strong>form the <strong>in</strong>surer.The representative of National <strong>Insurance</strong> Co. Ltd., stated that 65 % NCB was allowedby them from 31.3.2004 as the previous Insurer <strong>co</strong>nfirmed that the <strong>in</strong>sured wasenjoy<strong>in</strong>g NCB till 31.3.2004. The representative of New India Assurance Co. Ltd., hasstated that the sale of the vehicle was not <strong>in</strong>timated to them immediately and the samewas received by them only <strong>in</strong> April 2004 i.e. after the expiry of the policy, which meantthe NCB was <strong>co</strong>nt<strong>in</strong>ued to be enjoyed by the <strong>in</strong>sured till that date 31.3.2004 and also<strong>co</strong>ntented that simultaneously 2 vehicles <strong>co</strong>uld not enjoy the NCB. New India has alsostated that if they were <strong>in</strong>formed about the sale of the vehicle, they would havere<strong>co</strong>vered the NCB from the buyer.The documents submitted by the parties <strong>co</strong>ncerned were puchased and the forum hasobserved that the <strong>co</strong>mpla<strong>in</strong>ant has <strong>co</strong>mmitted a mistake of non-<strong>in</strong>timation of sale of thevehicle to the <strong>in</strong>surer <strong>in</strong> time and the <strong>in</strong>sured’s argument that he is not responsible forthe <strong>in</strong>action on the part of the purchaser is not justifiable. Further the <strong>co</strong>mpla<strong>in</strong>ant failsto proves documentarily that the purchaser had <strong>co</strong>vered the vehicle under a separatepolicy from the date of its sale. In the absence of the same this forum <strong>co</strong>uld not f<strong>in</strong>dfault with the <strong>in</strong>surer <strong>in</strong> disallow<strong>in</strong>g the NCB for the period under dispute.Chennai Ombudsman CentreCase No. IO (CHN) / 11.05.1013 / 2005 - 06Shri S. RamachandranVsThe New India Assurance Co. Ltd.Award Dated 11.8.2005Mr. S. Ramachandran, Chennai has <strong>in</strong>sured his TVS Champ 1999 Motel bear<strong>in</strong>gRegistration No. T N 10 A 1164 under Motor Comprehensive <strong>Policy</strong> with The New IndiaAssurance Co. Ltd., Anna Nagar, Chennai under <strong>Policy</strong> No. 712900 / 31 / 01 / 15450