BENGALURU : The Consumer Disputes Redressal Commission has ruled that when an original vehicle owner dies, the legal heir who is named nominee in the insurance policy is entitled to claim damages in case of loss of the vehicle.
“The complainant is one of the legal heirs of deceased A Narayana, who had insured his car through Trident Hyundai, who having received the premium subsequent to his death, issued a policy for the period from April 4, 2018 to April 3, 2019. Even though the complainant is not mentioned as insured, his name is mentioned as a nominee. Therefore, the complainant had insurable interest on the date of the incident,” said the Bengaluru Urban Second Additional District Consumer Disputes Redressal Commission.
Partly allowing the complaint filed by Nithin Narayan from Hongasandra, against HDFC Ergo General Insurance Company Ltd, the Commission said that the vehicle was completely burnt but the insurer neglected to pay the assured sum to the complainant. This amounts to deficiency of service. The insurance company is liable to pay Rs 5.61 lakh, the cost of the vehicle, with compensation of Rs 50,000, and Rs 5,000 towards litigation cost to the complainant.