Insurance policy-holders can seek justice from the Dakshina Kannada District Consumer Disputes Redressal Forum for deficient service by an insurance company.
The forum has given relief to many policy-holders in the recent past. Three of the four petitioners got what they had claimed from the company, along with compensation for harassment. In one case, the forum awarded over Rs. 2.25 lakh to the wife and daughter of an autorickshaw driver who died in an accident.
Asha K. Shetty, president of the forum, told The Hindu that in one case even the violation of the permit condition of a van was ignored. The van was being used to transport newspapers. Ms. Shetty said that if the insurance company contended that the accident had occurred owing to mechanical failure, then the burden of proof also fell on the company. She said that surveyors who assess the damage caused to vehicles in accidents functioned independently. Although their report was important for a case, it was not the final piece of evidence. If the surveyor failed to justify his recommendations, the forum would not accept them. The actual cost of repair would be upheld in such instances, she said.
Surveyor's report
Insurance companies often looked at the surveyor's report with suspicion and hence sought a second survey, which only complicated matters for the insured.
A surveyor was expected to be present at time of dismantling the vehicle, and make an estimate after comparing his calculations with those of the repairer. She said petitioners could contest the estimate of surveyors.
The variation between what the insured spent on repairs and what he recovered from the insurance companies could be because of exclusion clauses, such as spare parts that were not covered in the policy. Advocate A. Udayananda said unscrupulous repairers sometimes jacked up rates, resulting in a mismatch between cost of repair and what was recovered.
