Dear Amar Pl find my comments with HK. In a new line. Regards Harish Kotian
-----Original Message----- From: AccessIndia [mailto:[email protected]] On Behalf Of Amar Jain Sent: 21 May 2013 16:02 To: accessindia Subject: Re: [AI] Views Invited: Legal issues in an insurance contract for people with disabilities. Well, both arguments seem to sustain with each other. While it is true that people with disability do not suffer accidents due to their disability in most of the cases, but at the same time it is also true that out of a contract of insurance, the only profit which an insurer makes is the premium which anyone pays provided that the event insured never takes place. In such a case, if the cause of the event is accident due to disability, then the risk of the insurer certainly increases. It is also true that each government is responsible to us for providing infrastructure, but in practicality, it does not exist today. So in such cases, though bodies like LIC can be made accountable on the ground of public welfare objective, but what happens in case of private insurance? It is also correct to say that regulator generally do not make distinction while enforcing any regulations, and as on date I.R.D.A. has nothing on disability related issues in terms of regulation. I.R.D.A. is a growing regulator, but it is not wrong to say that they are not as receptive as the regulators like RBI and SEBI are. History proves that. I have two key suggestions here: 1. That whenever any disability related insurance is provided, then fixed additional charge if any, should be deducted at the time of processing claim, if the surveyor's report shows that the accident took place because of the disability as a main cause. And no additional premium should be put on the insured. This should only apply to accidents that too while walking on road, and in no other case. (I cannot think of any other circumstance which could lead to accident due to disability of any kind) HK. Internationally speaking, the disabled enjoy the first right to way. When a blind person steps on to the road the traffic has to stop hence, the onus of safety falls on the motorist. Hence, still no justification of charging extra premium. If the victim being blind was accompanied or without a cane, the motorist would have no means to know the victim is having visual disability, in this case an exception can be made in grounds of fairness. 2. While assessing any claim, the disability expert should be accompanied with the surveyor so to see that there is no undue advantage being taken by the insurance company while processing the claim as regards the disability of the insured. HK. Now, how do we define disability expert? Anyone can claim expertise and it would get wattered down. I am open to suggestions. Regards, -- Amar Jain. Website: www.amarjain.com Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
