Superdari Insurance Superdari Insurance

9 months ago

Vehicle has been released on Superdari, Can insurance be claimed fro vehicle repair before ending of proceedings from the insurance company?

Anik

Responded 9 months ago

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A.Dear client,

Superdari Proceedings: Superdari is a legal term in India referring to the release of a vehicle or property seized by the police or other authorities during an ongoing investigation or legal proceedings. It allows the owner of the property to retain possession until the conclusion of the case. During Superdari proceedings, the ownership of the vehicle remains with the owner, and they are responsible for the vehicle's maintenance and repair.

Insurance Coverage: In the case of vehicle insurance, coverage is generally provided based on the terms and conditions of the policy. It's important to review your insurance policy and check the specific terms related to repairs and claims during ongoing legal proceedings or Superdari.

Intimation to the Insurance Company: If your vehicle requires repairs, it's advisable to inform your insurance company about the situation and seek their guidance. They will be able to provide specific details about coverage and the procedure to follow in such circumstances.

Insurance Claim Process: The insurance claim process typically involves notifying the insurance company about the incident, submitting relevant documents such as the FIR or police report, and following the guidelines provided by the insurer. The insurance company will assess the claim based on the policy terms and coverage.

Relevant Codes: In India, the relevant codes for vehicle insurance are governed by the Insurance Regulatory and Development Authority of India (IRDAI), and the Motor Vehicles Act, 1988. These codes outline the legal framework for vehicle insurance and the rights and responsibilities of policyholders and insurance companies.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
Under Section 516-A Cr. P.C. Superdari of the property regarding which an offense appears to have been committed or which appears to have been used for the commission of any offense, is produced before any criminal Court during an inquiry or trial is given pending the conclusion of inquiry or trial, i.e, interim custody of seized property connected with an offense. The order of Superdari of a seized property is made for its proper protection and to avoid its deterioration. Once the premium is paid and the insurer issued the insurance policy in favour of the insured issued, the insurer is bound to pay the claim of a third party in case of an accident. An insurer is liable for the third-party risk until the policy is validly cancelled as per provisions of rule 10 of Third-Party Insurance Rules. When the vehicle is seized and released following an order of Superdari and the proceeding is still pending before the Court, the insured cannot claim any compensation or cost of repairing from the Insurer.
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Vidhi Samaadhaan Vidhi Samaadhaan

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