The rider dies before the transfer of the police; Bengaluru Consumer Court Upholds Insurance Claim Denial | Bangalore News

BENGALURU: Grieving family members of man who was killed in traffic accident involving used motorbike he bought just a week earlier have been denied accident insurance claim of the road. The insurer pointed out that he had failed to have the policy transferred to his name, and a Bengaluru consumer court confirmed his reasoning.
The woman and the man’s son had taken a consumer court with a complaint against the insurance company. The court recently rejected it, saying the vehicle was insured in the name of its first owner at the time of the accident and the bereaved family had no right to make any claims under the Consumer Protection Act. .
Arun M Shenoy, a resident of Banashankari II Stage, had purchased a Yamaha RX 100 bicycle from Mohammed Harshad on November 23, 2018.
He secured the transfer of ownership in his name and planned to transfer the insurance policy (valid until October 31, 2019 in Mohammed’s name) within the prescribed period of 14 days.
Unfortunately, Arun was killed in an accident on November 30, 2018. His wife Rekha Shenoy filed a claim with National Insurance Company Limited because Mohammed had an active insurance policy on the RX 100 bike and paid a premium. of Rs 1,470. But on November 11, 2019, the insurer repudiated the claim.
The woman and her son contacted the Bengaluru Urban 2nd District Consumer Dispute Resolution Commission in Shantinagar with a complaint against National Insurance Company Limited.
The plaintiffs’ attorney said that under the Motor Vehicle Act, Arun’s family is eligible for the insurance claim because the motorcycle was registered in his name and he also had to change the name. in the insurance policy within two weeks of purchase, but succeeded far seven days after the sale.
The insurance company’s lawyer argued that the policy was in the name of the first owner Mohammed at the time of the accident and that there was no connection between Arun and the insurer. Therefore, the need to pay the claim money to the family of the deceased does not arise, he added.
No contract between deceased, insurer: Judges
In their verdict on October 21, 2021, the Consumer Forum judges noted that there was indeed no contract between Arun and National Insurance Company Limited and that the victim paid no premium to the company. Therefore, he cannot be considered a customer here. He may have rights for a claim under the Motor Vehicle Act but not under the Consumer Protection Act.
The judges added that there was no lack of service on the part of the opposing party and that the victim’s family can only file a complaint with the Motor Accidents Claims Tribunal, dismissing the complaint.


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