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Search Results for "insurance breach"

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High Court

Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

19 Dec 2024

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Insurance Claim Settlement — Issues of Arbitrability and Full and Final Settlement Raised. Insurer Contended That Dispute Was Non-Arbitrable Under Clause 13 and That Acceptance of Payment Constituted Full and Final Settlement Barring Further Claims.

13 Mar 2015

The matter pertained to an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by National Insurance Company Lim...

High Court

Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

24 Sep 2019

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions Not Proved by Insurance Company. Claimants entitled to compensation as insurer failed to establish that vehicle was used for commercial purpose in violation of policy terms.

17 Sep 2020

The case arises from a motor accident claim petition filed by Rambhau Gawai and his two sons (appellants) under Section 166 of the Motor Vehicle Act, ...

High Court

Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Pay and Recovery Order. Third-Party Claimants Entitled to Compensation Despite Driver's License Violation; Insurer Directed to Pay and Recover from Owner/Driver.

9 Jan 2026

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal representatives of the dece...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Two Persons in Tempo Accident. Held that the insurance company failed to prove breach of policy conditions and that the driver's license was valid at the time of accident.

18 Sep 2019

The present appeals arise out of two separate claim petitions filed by the legal representatives of two deceased persons who died in a motor vehicle a...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Pillion Rider Not Covered Under Section 147 of Motor Vehicles Act, 1988. The court held that a pillion rider on a motorcycle is not a 'third party' and is not covered under the insurance policy unless additional premium is paid for a personal accident cover.

22 Dec 2022

The case involves an appeal by Iffco Tokio General Insurance Company Ltd. against the judgment and award dated 21st May 2013 passed by the Motor Accid...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award of Rs.10,66,000 with 9% Interest. Negligence of Driver Established; Insurance Company Liable to Pay Compensation Despite Alleged Breach of Policy Conditions.

3 Mar 2026

The case arises from a motor accident that occurred on 06.01.2012, when the deceased Nazirbhai Mahamadbhai Malek (Garasia) was waiting for a rickshaw ...

High Court

High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

17 Dec 2019

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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