Kathmandu. Himalayan Everest Insurance has been deprived of payment of the death claim of the driver who died while driving without the license of the scooter.
Motorcyclist Khadga Prasad Sharma died in the accident of his scooter (State No. 2-02-003 Pa 9589) of Himalayan Everest Insurance on July 9, 2022. The insurance company rejected the application saying that the claim would not be made when the insurance amount was demanded.
Saraswati Sharma, on behalf of the deceased’s family, filed a complaint at the Nepal Insurance Authority on January 12, 2022, claiming that the insurance company did not pay the claim even though the insurance company provided comprehensive insurance for the motorcycle.
KATHMANDU: Driver Khadga Prasad Sharma had rejected the claim of Himalayan Everest Insurance that the insurer should not be liable for the consequences of the accident while driving without obtaining the driving license.
In order to systematize and control the motor insurance business, the schedule of motorcycle insurance under Schedule 1 of the “Directive on Motor Insurance Rates, 2073” issued by the then Insurance Board states that the driver should not be disqualified from possessing or obtaining such a license.
Since insurance is a contract, the insurance contract provides cover subject to the terms of the policy. However, the judicial bench of the Nepal Insurance Authority (NEA) dismissed the application saying that if the terms and conditions mentioned in the insurance contract are not followed or the insurance policy does not cover the claim, the claim can be rejected without bearing the liability.
