Date:17/08/2008 URL: http://www.thehindu.com/2008/08/17/stories/2008081758690700.htm
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Tamil Nadu

Accident victim claims he was misled by insurance agent

K.T. Sangameswaran


Seeks terms and conditions of policy in regional language

Wants his medical bills reimbursed


CHENNAI: A city resident, aged about 30, who sustained injuries in an accident caused by stray cattle on road, has moved the Madras High Court to direct an insurance company to print the terms and conditions of the policy in the regional language. He claimed he was misled by the insurance agent.

In his writ petition, R. Ayyanar of Annai Sathya Nagar, a mason, submitted that when he purchased a motorcycle on loan, he was informed that it was insured and he was eligible for all types of accidents, theft and third party insurance.

He obtained the policy on the agent’s assurance that in the event of an accident, the company would foot the entire medical expenses for personal accident.

There was no mention of the company’s Chennai address in the policy. He did not know English and he trusted the agent.

In May, he was injured in an accident and admitted to a private hospital where he spent Rs.1.50 lakh. He paid the hospital expenses after borrowing at a high rate of interest.

When he wrote to the insurance company, after getting its local address from the agent, he was informed that he was not eligible for the claim and that the company was not responsible for the promise given made by the agent.

He was now taking treatment as an outpatient and may have to incur further expenses of Rs.75,000. He wrote to the company to specify the terms and conditions in Tamil and reimburse the medical expenses, but did not receive a reply.

Mr. Ayyanar said he got himself admitted to a private hospital trusting the assurance made by the agent, who had misled him.

He urged the court to issue a direction to the National Insurance Company to consider his representation sent in July and furnish its local office address in the policy; in future, print the terms and conditions in regional language; and reimburse his medical expenses.

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