Motor Own Damage Claim for Petroleum Tanker without RTO endorsement in DL

[Vijay Zaveri]

Dear All,

I need your technical expert advice regard to Motor Own Damage Claim.  The query is as follows:

Insured vehicle meant for carrying petroleum products got damaged in a road accident.  The said tanker was empty at the time of the accident.  The Driver of the vehicle has undergone training for hazardous goods carrying from authorized training institute, but has not got the same endorsed on DL from RTO.  The vehicle is insured for comprehensive insurance under Motor Tariff for GCV.  Whether own damage claim payable.  If yes, is there need of imposing some penalty or settling the same as non-standard claim?  Please give your expert comment with circulars / ruling, if possible.

Thanks

[sushanta kumar roy]

From-Sushanta Kumar Roy

To- Mr. Vijay Javeri

Dear Mr. Vijay Javeri,

           Once driver is driving the vehicle on road he has to get it endorsed with licensing authority.His training will not be valid for insurance claim. You have to go as per terms & conditions of the policy. Driver is driving without proper endorsement, so claim is not payable.

With best regards,

Sushanta Kumar Roy

Kolkata

Mob-9830358774

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[VIJAY ZAVERI]

Dear Sir,

 

Thanks for your valued guidance.  But there has been instances where Insurance Companies have settled such claims on non-standard basis where vehicles are empty and not carrying any hazardous material.   Do you think the same is advisable.

[amar kant jha]

Dear Sir,

Underwriter has taken good decision,Endorsement of PETROLEUM TANKER(Hazardous). I think to drive a tanker empty and loaded(Filled Tank) requires expertise, due to floating impact of liquid on the wall of tanker.

In this situation, When Tanker is empty( NO HAZARDOUS Good) is in Tank. So such liberty must be allowed to Insured, while settling the claim.

Amar Kant Jha

0933-47-84485

PATNA

25.06.2011

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From: VIJAY ZAVERI <vij...@gmail.com>
To: insurance...@googlegroups.com
Sent: Fri, June 24, 2011 10:32:00 PM
Subject: RE: {Surveyors:8635} Motor Own Damage Claim for Petroleum Tanker without RTO endorsement in DL

[suresh parik]

Dear ,

in case driving license is not endorsed for goods vehicle & own damage claim occurred  in a goods vehicle the claim is not payable it doesn't matter whether vehicle was loaded with goods or not , similarly   in your case claim is not payable and  there is no chance of sub-standard.

thanx ,

S.Parik

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From: vij...@gmail.com
To: insurance...@googlegroups.com
Subject: RE: {Surveyors:8635} Motor Own Damage Claim for Petroleum Tanker without RTO endorsement in DL
Date: Fri, 24 Jun 2011 22:32:00 +0530

[VIJAY ZAVERI]

Sir,

 

As per my talks with RTO official the endorsement in Driving License is carried out on basis of Training certificate of any authorized institute, which as per my comprehension is merely a formality.  Basis is availing training to driver vehicle for carrying of hazardous goods, and the driver of the insured vehicle has availed the same, which is having validity of one year and is in force.  Few points relating to driving license, MV Act, All India Motor Tariff, regulation and meeting of PSU is as follows:

 

Tankers carrying Hazardous goods

There  are  certain  specifications  imposed  on  the vehicles carrying the hazardous  chemicals.  The  chemicals  have  been  enumerated  in chapter V section 137 (Table 2-3) Motor vehicles rules 1989. Motor  Vehicle Act  1988 as amended in 1994 speaks about the endorsement on the  license  to drive vehicle carrying hazardous goods. The period of such currency  is  one  year. The provisions have been detailed in central Motor Vehicle Rules 1989 as amended in 1993.

 

Central  Motor  Vehicle  Rules 1989 stipulates that the training school for imparting  training  to  handle hazardous goods will be set up by the state government.  Thus  it  is  the prima facie duty of the state to provide such facility  and  then  only  one can think of getting his license endorsed to drive  Hazardous goods.

 

There  have  been  many  deliberations  on  the subject. One such important meeting  was  held  in  1997, which was attended by all the General Manages (Technical) of PSUs. It was agreed in the meeting as under –

 

         1.                   Where  such  training  facility  has not been provided  by  the  state government than the claim will be payable without such endorsement.

 

         2.                   If  the  state  Government  has  set  up such facility then the claim should be settled on merits.

 

If  any  government  has  to set up such center, but has authorized any oil company  to  conduct  such training then state Government has thus complied with  the  provisions of the Central Motor Vehicle Rules 1989 in respect of setting up of an institution. Therefore  every  license  issued  in  such  state has to have the required endorsement on Transport Vehicle license “ Authorized to drive the vehicles carrying  hazardous  goods”  to  qualify  the  DL entitled to drive vehicle carrying Hazardous goods.

 

Non- possession of Endorsement -

There  are  two  steps involved in issuance of DL with endorsement to drive vehicle carrying Hazardous goods.

 

      ·        First, is to get the Transport Vehicle License

      ·        Second to get endorsement on it.

 

If  the  DL  is without endorsement the it is construed that the driver has not  undergone  the  training to handle hazardous goods. So claim has to be dealt  accordingly  on  merits.  It  is further to see whether the accident could have been avoided had there been trained driver.

      ·        If yes then the claim is repudiated and

      ·         If  no  then  the  claim can be processed on non – standard basis taking the breach as immaterial.

However the practice shall vary from company to company.

 

Accordingly, a popular and commercial view could be that if the driver has undergone training and if training certificate is valid and in force then such claims should be settled, if required by imposing some penalty.

 

With best regards,

 

Vijay Zaveri

0 98255 48698

[santhanam Palaniappan]

Driver must posses hazards good transport endorsement at the time of
accidnt even if the tanker is empty.

[Ravinder Goyal]

Dear

please clear the time period of training taken as per the certificate issued by the authority and accordingly it  will be decided that he is authorised to drive the tanker or not, there is no need of endorsement on the  licence.

Ravinder Kumar Goyal

9814055310

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From: santhanam Palaniappan <erode.s...@gmail.com>
To: Insurance surveyors <insurance...@googlegroups.com>
Sent: Saturday, June 25, 2011 10:41 PM
Subject: {Surveyors:8646} Re: Motor Own Damage Claim for Petroleum Tanker without RTO endorsement in DL

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[Vijay Zaveri]

Dear Sir,

The training certificate issued by authorized institute is valid and effective, but the driver has not approached RTO for endorsement based on the said certificate.  Hence, I think the claim shall be settled by the Insurance Co., if required, by imposing some penalty.

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[Vijay Zaveri]

Dear All,

One more interesting opinion received as follows:

This claim should be settled. Now in India , the Public Sector officials don't want to take decisions. Private sector officials, work for their incentive. So ultimately the claim will be turned down. The driver is having knowledge of Haz. Goods, which he can apply at the time of emergency. For this purpose only, this training is given. This training has been started, beause of one LPG tanker got fire, underneath a railway bridge in 1987. Because of the lack of knowledge, the driver, cleaner and some more people killed in the accident. Endorsing theHaz, Goods procedure in the license started because of this accident. Possession of the knowledge about the haz. goods is sufficient to drive the vehicle. Positive thinking is the only solution for this kind of issues..

Posted by sampath kaliappan