Search Results for "third party risk"

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Search Results for "third party risk"

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High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms.

6 May 2026

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims T...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Tractor with Trailer Carrying Bricks Held to Be Goods Vehicle, Insurer Liable. The court held that the insurance policy covering third party risks extends to the use of the tractor as a goods vehicle, and the insurer cannot avoid liability merely because additional premium for goods carriage was not paid.

4 Jan 2019

The case arises from a motor accident claim where the deceased Balaji died in a collision between his motorcycle and a tractor with a trailer carrying...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Act Policy Does Not Cover Gratuitous Passenger Risk. The court held that an 'Act Policy' under the Motor Vehicles Act, 1988 does not cover liability for death or injury to gratuitous passengers in a goods vehicle, and the insurer is not liable to pay compensation.

28 Feb 2018

The appeal was filed by the United India Insurance Co. Ltd. against the judgment and award dated 25.10.2008 passed by the Civil Judge (Sr. Dn.) & AMAC...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Were Gratuitous Passengers in Goods Vehicle, Not Covered Under Insurance Policy. The court held that under Section 95 of the Motor Vehicles Act, 1939, an insurance policy for a goods vehicle does not cover passengers carried for hire or reward, and the deceased were not employees of the owner, thus the insurer is not liable.

12 Mar 2010

The case involves two appeals filed by the United India Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal. The accident occu...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable as Vehicle Was Covered Under 'One Time Insurance' Scheme. Insurer's Contention That Long Term Act Only Policy Was Kept in Abeyance Rejected as Insurer Failed to Lead Evidence; RTO Record Proved Existence of Insurance Contract Under Motor Vehicles Act, 1988 (Paras 1-13).

16 Nov 2021

The appeal arose from the judgment and award dated 28 March 2014 passed by the Motor Accident Claims Tribunal, Nashik in MACP No. 288 of 2009. The app...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. Claimant as Pillion Rider Failed to Wear Helmet and Was Not a Third Party Under Motor Vehicles Act, 1988, Section 166.

17 Oct 2019

The case involves a motor accident claim filed by Devidas Waikar (claimant) who was a pillion rider on a motorcycle driven by Narhari Chalak (responde...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Third-Party Injuries. Insurer's Liability Under Section 147 of Motor Vehicles Act, 1988 Cannot Be Avoided on Ground of Breach of Policy Conditions Without Evidence of Wilful Default.

24 Sep 2019

The New India Assurance Company Ltd. filed three appeals against a common judgment of the Motor Accident Claims Tribunal awarding compensation to thre...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Contractual Liability Under Section 147(1) Proviso (ii) Not Applicable to Third-Party Claims. Insurer Held Jointly and Severally Liable with Owner and Lessee for Compensation Awarded to Injured Claimant.

2 Dec 2015

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award of the Motor Accidents Claims Tribunal (MACT), Bangalore, in MVC N...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Owner-Pillion Entitled to Compensation. Owner of vehicle riding as pillion is a third party under Section 147 of Motor Vehicles Act, 1988, and insurer liable to pay compensation.

30 Aug 2024

The case involves an appeal by United India Insurance Co. Ltd. against an award of Rs.60,000/- granted by the Motor Accidents Claims Tribunal, Raichur...

High Court

Bombay High Court Allows Insurance Appeal and Sets Aside Insurer’s Liability in Pillion Rider Death Claim. Pillion Rider Held Not a Third Party Under Act-Only Policy; Insurer Entitled to Recover Compensation from Vehicle Owner and Driver.

16 Jul 2018

The case arose out of a motor accident claim petition filed by the legal representatives of the deceased pillion rider. The deceased, Shaikh Laikoddin...

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