You’ll have to pay up if mechanic crashes your car
TNN | Jul 24, 2019, 04.17 AM IST
Chennai: If your car is involved in an accident while at the service centre, your insurer will still have to pay compensation and not the service centre, according to a motor accidents claims tribunal in the city.
The tribunal directed the insurer of the vehicle to pay Rs 18.35 lakh to the parents of a 15-year-old boy- P.Sriram, who was fatally knocked down by a car taken on a test drive after service.
Sriram was riding pillion on a motorbike, which was hit by the car near Velachery. The teenager’s parents, M Palanivel and P Malliga, moved a petition seeking compensation of Rs 12 lakh. In response, the owner of the vehicle submitted that it was in the possession of the service centre at the time of the accident and he was in no way connected to it.
The vehicle insurer submitted that the service centre could test drive vehicles using ‘trade plates’ with an insurance policy issued for the purpose. Any liability would thus be that of the insurer of the ‘trade plates’, who issues policy to cover third party liability .
According to counsel for the service centre and its insurer, the vehicle concerned would be driven using ‘trade plates’, which were normally issued for the limited purpose of taking the vehicle from the showroom to the regional transport office (RTO) for vehicle registration.
After perusing the documents submitted and the arguments made, tribunal judge S.Umamaheshwari held that the accident was due to the rash and negligent driving of the technician of the service centre. However, the judge held that the vehicle insurer is liable to pay compensation and cannot expect the service centre to use ‘trade plates’.
“The scope of trade plate policy is a limited one and it cannot be utilized once the vehicles are sold. Though the accident happened when the vehicle was in the custody of the service centre, it is admitted by the owner and vehicle insurer that the vehicle was handed over for service,” the tribunal held and directed that the parents be paid Rs 18.35 lakh as compensation.
TNN | Jul 24, 2019, 04.17 AM IST
Chennai: If your car is involved in an accident while at the service centre, your insurer will still have to pay compensation and not the service centre, according to a motor accidents claims tribunal in the city.
The tribunal directed the insurer of the vehicle to pay Rs 18.35 lakh to the parents of a 15-year-old boy- P.Sriram, who was fatally knocked down by a car taken on a test drive after service.
Sriram was riding pillion on a motorbike, which was hit by the car near Velachery. The teenager’s parents, M Palanivel and P Malliga, moved a petition seeking compensation of Rs 12 lakh. In response, the owner of the vehicle submitted that it was in the possession of the service centre at the time of the accident and he was in no way connected to it.
The vehicle insurer submitted that the service centre could test drive vehicles using ‘trade plates’ with an insurance policy issued for the purpose. Any liability would thus be that of the insurer of the ‘trade plates’, who issues policy to cover third party liability .
According to counsel for the service centre and its insurer, the vehicle concerned would be driven using ‘trade plates’, which were normally issued for the limited purpose of taking the vehicle from the showroom to the regional transport office (RTO) for vehicle registration.
After perusing the documents submitted and the arguments made, tribunal judge S.Umamaheshwari held that the accident was due to the rash and negligent driving of the technician of the service centre. However, the judge held that the vehicle insurer is liable to pay compensation and cannot expect the service centre to use ‘trade plates’.
“The scope of trade plate policy is a limited one and it cannot be utilized once the vehicles are sold. Though the accident happened when the vehicle was in the custody of the service centre, it is admitted by the owner and vehicle insurer that the vehicle was handed over for service,” the tribunal held and directed that the parents be paid Rs 18.35 lakh as compensation.
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