Legal Question in Insurance Law in India

I was recently involved in an accident while riding my motorcycle. I had entered the junction immediately after the signal turned green and just before I exited the signal, an erring lorry driver jumped the signal and collided with me. Although I fell on impact, I suffered no serious injuries. A traffic policeman on duty at the scene observed the entire episode and fault on the part of the lorry driver was established.

I filed an FIR which contained the lorry driver's insurance details as well. Subsequently I contacted my insurance company to explain the situation and I was asked to leave my motorcycle at the workshop for repairs. Upon completion of repairs, I was required to pay the workshop and submit the relevant bills to the insurance company for reimbursement.

Now the insurer is only reimbursing a little over half the expense I incurred stating that some of the accessories that were damaged in the accident are partly covered or not covered under their policy. When I sought clarification from the insurance company's representative, I was told that it does not matter who was at fault in the event of an accident as long as there was no physical injury. (In case of physical injury, the cost of hospitalization will be borne by the erring party's insurer.)

Does this seem normal for insurance policies in India wherein claims are not affected based on who was at fault for the accident? I live in Mumbai, if that is relevant.


Asked on 6/27/16, 2:02 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Your company is correct. Since no physical injury is there, it is treated as an accidental damage for which company does not pay the full sum.You can recover the amount from owner of the offending vehicles.

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Answered on 6/29/16, 11:37 pm


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