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"It is a great irony in this country that insurance companies are prompt in settling the claims of the insured vehicles for the damage but create all sorts of obstructions and bottlenecks in settling the claims of victims of the accidents," Justice Kailash Gambhir, in a recent judgement, said.
"The victims of accident and their family members not only undergo the traumatised and harrowing experience of losing a family member but also they are made to suffer greatest humiliation and embarrassment right from the mortuary till the award of compensation," the bench said.
These observations came on an appeal seeking enhancement of compensation awarded by a Motor Accident Claim Tribunal, filed by the parents of a 21-year-old man who died in a road accident in 1999.
Enhancing the compensation from Rs two lakh to Rs 4.6
lakh, the Judge said "The precious live of a human being is of little concern in comparison to settlement of a claim for the damaged motor vehicle in the estimation of these insurance companies.
"The companies, on getting information about an accident, immediately take steps to appoint surveyor for assessing the damage but the same enthusiasm is shown in settling victims' claim," it said.
"Atrociously, no similar pains are taken by these insurance companies to compensate the victims of the accidents in injury cases," the bench said.
Partially allowing the petition of Delhi-based Narinder Bisahal and his wife, whose son, who was riding a scooter, died on July six in 1999 after being run over by a tempo and a bus, the court asked the insurance companies to endeavour to settle claims before the victims or their family were forced to approach courts.
"The court is of the opinion that insurance companies should make a serious endeavour to settle the compensation cases preferably at pre-litigation stage.
"And if not at pre-litigation stage, then at least at the earliest possible stage," the bench in its 42-page judgement, said.
The court also advised all Motor Accident Claim Tribunals that while awarding the compensation, the rate of interest should be equivalent to National Saving Certificates.
It added that tribunals may increase or decrease the rate of interests for the delay caused by the litigants, pursuing the claim cases.
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RatingAt the same time someone should look into the fraudalant or fake third-party claims in MACT. Most of the time Police, lawyers etc fabricate the documents to suit the victims and most of the time insurance company and vehicle owners find the accident matters totally incorrect. How is responsible? Insurance companies should be given rights to conduct their invesigations and question police records.
I agree. Can give you numerous examples where the TP insurance system in motor accident is abused. Bangalore and Tamilnadu are the most vulnerable. I think insurance companies sould be given more powers to fight the claims. It is very difficult to fight criminal case for owners on their own against state. Most of the time drivers plead guilty and get away with a fine leaving insurance company to pay huge compensation, which they would not have paid if the police had done a good job.
I will advise all not take any insurance with ICICI. They avoid settling the claim and pass on the claims to their underwriters, TTK. I'm an NRI and taken medical insurance for my parents and i was amazed to know TTK refused to re-imburse. so, for your good and your families good, avoid ICICI for any kind of insurance or banking.
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