The company had rejected the widow, Shivleela M Guthedar's claim for her husband's insurance saying there was a typographical error in the surname and that her late husband did not hold a valid driving license. They further claimed that the policy holder's death (Guthedar's husband) occurred when he was outside the vehicle, and so his wife was not entitled to a claim.
Rejecting the company's claim, TDCDRF President Umesh Jhavalikar and member N D Kadam in their order passed in November said that policy guidelines stipulate if the policy holder's death is directly connected to the insured car, then the next of kin of the policy holder is entitled to claim the full insurance amount.
The two-member bench then directed the company to pay the widow, Guthedar an additional sum of Rs 25,000 as legal fees besides the claim of Rs 2 lakh on account of the accident. The sum of Rs 2 lakh will carry an interest at 9 percent if paid within three months of order else 12% thereafter.
In her application before the forum, Guthedra, a resident of Bandra said that her husband had insured their vehicle and also by paying an additional premium taken an accident policy for Rs. 2 lakhs from the Thane branch of New India Assurance Company. The policy was valid from September 27, 2007 to September 26, 2008.
She said her husband died on Febuary 11, 2008 in a freak accident. The judges noted that the application was sans the time and location of the accident, but as per police report who filed a first information report, Guthedar's husband was crushed below the rear wheels when the driver was reversing the car.
Guthedar's claim for her late husband's insurance was rejected by New India Assurance, who contended that the policy holder's (Guthedar's husband) death was not due to driving, or by entering or getting from the vehicle. The company said he was outside the vehicle and did not hold a valid driving license.
The forum dismissed all the arguments of the insurance company saying that they were uncalled for and could be ignored while evaluating the claim.
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