Dear sir
I have taken comprehnesive insurance policy for my MAHINDRA LOGAN car from IFFKO-TOKIO general insurance. My car met accident on 12-10-09. surveyor was done survey. Vehicle was declared total loss & estimate charges was near about 9 lakh but car actual cost is 620000/-.
My idv is 589665/-
surveyor told me insurance company pay you 550000/- otherwise repair your car. he also said no one take solvage and some solvage came but surveyor not satisfied. near about 3 month to go claim was not setteled.
apart from this i m paying parking charges 200/- rs per day for my damage vehicle. kindly suggest me what can i do? by rules how much time will take insurance co for setteled claim.
whats the procedure in consumer forum? how much time take setteled case in consumer forum?

Hello,

Kindly share your full contact details with your phone no. and survey report details, so that we can guide you accordingly.

Contact Detail
Gokul Sharad Dusane
Bhadrakali Market, 5 kandil, Malegaon
Dist- Nasik Pincode-423203
Mob- 09923067543
Survey Report
car total loss. Repairing quotation was 9 lakh & car actual price is 6 lakh.

@ 20 jan surveyor call me & told solvage was done plz come and sign letter you got DD in 5-6 days. And next day insurance company mumabai office manager called me and said as per seating capacity in ur car is 4+1=5 but at the time accident 5+1=6 person had seated in vehicle as per police F.I.R it is voilation of motor vehicle act so you cant get claim. he send me letter also.

Hello,

The below mentioned judgment may help you to get claim:


Insurance company refused claim on the ground the policy breached as the Bus was overloaded at the time of accident, but there is no nexus between overloading and cause of accident, No fundamental breach. Insurance libel to pay.

Therefore, assuming for the purpose of the case that more passengers than the permitted loading capacity were carried and thus there was overloading of bus, applying the reasoning of the Supreme Court, we have to hold that it is only an irregular user. It is not the case nor it can be contended that the accident is the direct result of the overloading. In other words, there is no like to establish the accident to the fact of overloading. On the other hand, the FIR shows that the accident was not because of overloading but due to the circumstances stated therein. Therefore, the resultant position is that the accident was an independent event and it was unconnected with the overloading therefore, even assuming that there was some overloading, that fact had not contributed to the breach of permit conditions viz., the fact of overloading would become material and fundamental as to affect the very contract between the parties. Since it is not so in this case, the overloading is neither a fundamental breach nor a material factor. Therefore, it cannot be construed to affect the validity of the contract between the parties. At best it was only an irregular act on the part of the driver or conductor as the case may be in allowing the overloading of passengers.
[New India Assurance Co. Ltd V. B.P Ramu 2004 (III) CPJ 428 : 2004 (3) CLT 662]
Hope this may solve your problem.

My car was private car and all seating person is my relative. In that accident my maternal uncle (mothers brother) & Grandmother (mothers mother) was dead. my mom, dad and aunt was injured. driver also injured.

In my case police was admitted case on my driver that he drives car carelessaly. accident was face to face with my car & loading truck. Please send me more judgment

plz send me some more judgment