Dinesh Wadhwani
I have a query regarding my co-operative society which is in Chembur in Mumbai.
Sir, on the 2nd of October 2014, our society committee had contracted a truck company to clear the debris from our society. While doing so, the truck that was passing by, dashed my car that was parked outside our house and damaged my car badly.
After this incident I wrote a letter as instructed by the treasurer who was informed about the incident, to the secretary.
But the secretary replied that the society cannot claim damages from the truck driver by law and instead asked me to file a police complaint and claim insurance.
If I claim insurance, I will stand to lose my no bonus claim and also I’ll not get the full amount of claim. So for no fault of mine I’ll have to incur a loss.
According to me, along with the truck driver, it is also the society’s negligence in not taking due care and caution in protecting the society members property as they could have deputed someone from the office to make sure the vehicles are removed from the path of the truck which the other people doing similar work have done in the past.
I want to take advise from you, if I can ask the society to take compensation from the truck company, as taking compensation from the society itself would mean making the society members pay for it, as the society office bearers will not pay from their pocket.
I C Naik
Claiming compensation from truck owner will entail more expense than compensation. Insurance is for compensation of damages beyond control of insured. SO CLAIM IT FROM INSURANCE COMPANY.