Subject : Whether sitting of one extra person in the truck comes under violation of limitations as to use Question : Dear Sir,
My truck was covered under comprehensive policy with Sri Ram General Insurance Co. Ltd. & this truck met with accident last year. Apart from Driver & Cleaner[helper], one more person was in the truck i.e total three persons were in the truck which was mentioned in the police report. Also the cleaner / helper died in this accident. Sir, My OD Claim has been repudiated by saying that one extra person was travelling in the truck & this is the violation of ‘ LIMITATIONS AS TO USE’. Sir, As such I want to know whether sitting of one more person comes under the [violation of limitations as to use] & whether the decision taken by insurer is right or wrong.
Suresh Kumar , Rohtak[ Haryana]
Answer by Ankita Singh : Mr. Suresh,
In usual circumstances, it should not have been repudiated, but it will depend on the terms of the Insurance Policy and Limitations of Use mentioned there. If its not, then aside from Breach of contract, other laws will be attracted. If such a term was not mentioned, then there are certain pleas available under other provisions.
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