Legal Question in Insurance Law in India

Insurance Claim with NOC during transfer of vehicle

Hi,

I have purchased an old Maruti car from my former employer and have with me the NOC documents (dated 22-Jul-05) and other documents required for transfer. As I was travelling, I have so far been unable to get the car trasferred with the RTO, however I renewed the insurance policy last month in my name. There are no other complications like inter-state or inter-city transfers, etc.

Today (24-Aug-05) there was an accident that damaged my car, and I have to file a claim for repairs. My dealer tells me that the Insurance company will not honor the claim as the car has not yet been formally trasferred in my name.

Can Insurance be claimed with an NOC (along with old RC Book) as proof of ownership? The insurance company in Question is HDFC Chubb.


Asked on 8/24/05, 8:02 am

2 Answers from Attorneys

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Insurance Claim with NOC during transfer of vehicle

Yes, you can get the Insurance Claim but as per law you are supposed to transfer the vehicle within 14 days from the date of purchase which you have failed to do so it is advisable that you approach the R.T.O. office and apply for transfer. Please note that to save money as penalty do not show any wrong date of purchase to the R.T.O., show the correct date of purchase even though you have to pay some penalty as per law and get the vehicle transfered so that there will not be any discrepency in the record.

For further clarification contact mobile: 09426101233.

Thanks,

with regards,

Bankimchandra Shah

Advocate, Gujarat High Court,

Surat.

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Answered on 8/24/05, 9:33 pm
Rajesh Vellakkat White Forest Law Offices

Re: Insurance Claim with NOC during transfer of vehicle

You should have done transfer of ownership atleast before renewing the insurance. It is not appropriate on the part of the insurer to accept the insurance when the ownership is with somebody else. Since they have provided insurance coverage to the vehicle they are legally bound to honour it. You may approach your insurer and if he denies, ask them to provide this in writing. There is case for you to plead.

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Answered on 8/24/05, 8:30 am


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