Insurance company had challenged the forum order before the commission stating that Uttambhai Chudasama did not have two-wheelers driving license when he met with accident
Family of the vehicle owner, who died in a road accident on May 31, 2010, was entitled to get insurance as two of the three conditions laid by the insurance policy company are met as per the guidelines of Gujarat State Consumer Dispute and Redressal Commission ( GCDRC), the forum observed on Thursday.
The commission’s bench of judicial member VM Chaudhary and member MD Gadhvi, while upholding the order of Junagadh forum, concluded, “Forum has rightly directed the United India Assurance Company Ltd to pay the claim of Rs one lakh to complainant Hemaben Uttambhai Chudasama. The deceased had met two conditions of the Insurance Policy. Therefore, the family is entitled to the accident claim.”
The insurance company had challenged the forum order before the commission stating that when Uttambhai Chudasama was riding a two-wheeler and did not have two-wheelers driving license when he met with the accident.
The forum and the commission were also informed that as per Central Motor Vehicles Rules, the owner should have an effective driving license which the victim did not possess. Hence, the family of the deceased was not entitled to the claim, the insurance company said.
The forum observed that Chudasama was having an LMV/HMV/Bus and AR driving license when the accident occurred, meeting two out of three conditions set by the insurance policy guidelines. The commission, which agreed with the forum’s decision, said it was a deficiency in the services of the insurance company by not paying claim to the deceased family.
Original complainant Hemaben had filed an insurance claim with the company as her husband Uttambhai had an insurance policy. The two-wheeler that her husband was riding, skidded on a wet road on May 31, 2010. He died of head injuries at a hospital.
TWO SIDES OF A COIN
- Insurance company had challenged the forum order before the commission stating that Uttambhai Chudasama did not have two-wheelers driving license when he met with accident.
- Chudasama had LMV/HMV/Bus and AR driving license when the accident occurred, meeting 2 out of 3 terms.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Insurance")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}