Legal Question in Insurance Law in India
Dear Sir,
I took a Motor Insurance Policy from Bajaj Allianz through ICM Insurance Brokers Pvt Ltd in Dec 2010. I preferred a Claim for own damage on 06.05.2011. The Bajaj Allianz repudiated my claim for wrong declaration of NCB. But I have not declared so. I gave only the copy of the previous Insurance Policy, RC Book copy and a cheque to ICM Agent while intending to take the Policy.
Whei I asked for a copy of the Proposal Form for wrong declaration from both Bajaj Allianz and the ICM, the ICM is saying that since I have not informed the fact for the past five months after receiving the Policy in Dec, 2010, I am not eligible for claim. The Bajaj Alianz is reluctant to send me the proposal form, as it is a forged one and not signed by me.
I feel either the ICM or the Bajaj have filled up the Proposal Form on their own to generate a Policy by colluding themselves, and now at the time of making a claim they are simply repudiating it quoting wrong declaration and the time lapse of five months after receiving the Policy.
Kindly advise me how to proceed against them. Any criminal proceddings can be filed against both, and whether damages can be claimed?
Because of the delay, I could not repair my vehicle and is in the garage from 06.05.2011 to till date.
Vichithra Dhinakaran
1 Answer from Attorneys
send them legal notice for giving the proposal form if they denies u can go to the court
and can claim damages
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