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Vehicle insurance denied for plying without permit
January 28, 2010
 

The Delhi State Consumer Commission has denied vehicle insurance claim to an owner whose truck met with an accident in an area, where it was plying without permit in contravention to rules of the insurance policy.

"The complainant was plying in Punjab territory without a valid permit when the accident took place. There has been a violation of the insurance agreement and he is not entitled to any insurance benefit," the Commission, headed by Justice Barkat Ali Zaidi, said.

The consumer court passed the order on a petition of Vilash Nagal, seeking vehicle insurance claim, which was repudiated by the United India Insurance Corporation Limited.

The complainant, Nagal, who owned the vehicle – Swaraj Mazda-- obtained permit for plying it in Delhi, Madhya Pradesh, Rajasthan and Haryana but his vehicle was found to be in Punjab at the time of the accident.

"The argument of Nagal that the transport barrier or check post was a few kilometres away from the site of accident and that he had intended to obtain the (temporary) permit for plying in Punjab from there is argument of despair," the Commission said.

The Commission said the insurance agreement is operative in cases where the vehicle has a valid permit for plying.

Earlier, the insurance company contended that as the truck was carrying goods from Pune to Punjab, the complainant was required to obtain a temporary permit prior to commencement of the journey.

 
 
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