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Search Results for "personal accident coverage"

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High Court

Gujarat High Court Allows Insurance Company's Appeal in Part and Reduces Compensation in Motor Accident Case Due to Contributory Negligence and Corrected Multiplier. The court upheld 60:40 negligence apportionment but recalculated compensation using multiplier 14, deducting 1/4th personal expenses, and reducing interest to 7.5% under Motor Vehicles Act, 1988.

6 Mar 2026

The case arises from a motor accident on 18.04.2019 involving a truck (GJ-10-TT-5084) and a motorcycle, resulting in the death of the motorcyclist, Ra...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

High Court

High Court of Karnataka Enhances Compensation for Death of Pillion Rider in Motor Vehicle Accident - Insurance Company's Appeal Dismissed. Court applies multiplier method and adds future prospects to compute loss of dependency under Motor Vehicles Act, 1988.

24 Oct 2024

The case involves two appeals arising from a common judgment and award dated 12.12.2014 passed by the 12th Additional Small Causes Judge, Member, MACT...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Claimant as Driver-cum-Owner Not Entitled to Compensation Under Section 163-A of Motor Vehicles Act, 1988. The court held that a claimant who is the driver-cum-owner of the offending vehicle cannot maintain a claim petition under Section 163-A of the Motor Vehicles Act, 1988, as the provision is intended for third parties and not for the owner/driver of the vehicle involved in the accident.

23 Jan 2023

The present appeal was filed by the Oriental Insurance Company Ltd. challenging the judgment and award dated 11.09.2014 passed by the Principal Senior...

High Court

High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Cross-Objections Dismissed as Deceased Pedestrian Was Crossing Highway Without Caution, Contributing 50% to Accident.

30 Sep 2022

The case arises from a motor accident claim petition filed by the parents of a deceased 25-year-old bachelor who died in a road accident involving a c...

High Court

Bombay High Court Dismisses Insurance Company's Writ Petitions Challenging Motor Accident Claims Tribunal Awards. Court holds that the Insurance Company cannot challenge the quantum of compensation awarded by the Tribunal without depositing the entire awarded amount under Section 173 of the Motor Vehicles Act, 1988.

26 Feb 2022

The Oriental Insurance Co. Ltd. filed three writ petitions (WP No. 12529/2021, 12530/2021, and 12532/2021) before the Bombay High Court, Aurangabad Be...

High Court

Bombay High Court Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Workmen's Compensation Cases for Two Deceased Workers in Same Accident. The court upheld the Commissioner's finding that the deceased were employees of the tempo owner and that the insurance company is liable to pay compensation with interest under the Workmen's Compensation Act, 1923.

10 Dec 2021

The judgment arises from two first appeals concerning a motor vehicle accident that occurred on 20th June 2010 on the Western Express Highway, Vile Pa...

High Court

Bombay High Court Allows Appeal of Legal Representatives in Motor Accident Claim — Insurer Liable Under Personal Accident Cover for Owner-Driver. Section 163-A of Motor Vehicles Act, 1988 does not bar claim for personal accident cover when insured dies while driving own vehicle.

29 Sep 2020

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 6th February 2020, which dismissed a claim petition filed by th...

Supreme Court

Supreme Court Allows Accident Insurance Claim for Heart Attack Following Motorcycle Fall — 'Outward, Violent and Visible Means' Includes External Trauma Triggering Internal Injury. The Court held that a fall from a motorcycle constitutes an accident caused by outward, violent and visible means, and the resulting heart attack is a bodily injury proximately caused by the accident under the accident benefit clauses of the LIC policies.

24 Apr 2019

The appellant, Smt. Alka Shukla, is the widow of the deceased insured who held three life insurance policies with the Life Insurance Corporation of In...

Supreme Court

Supreme Court Allows Insurer's Appeal in Malaria Death Insurance Claim. Death Due to Disease Not an Accident Under Section II of National Insurance Home Loan Suraksha Bima Policy.

26 Mar 2019

The case involves an appeal by the National Insurance Co. Ltd. against a judgment of the National Consumer Disputes Redressal Commission which upheld ...

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