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Search Results for "insurance offence"

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High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was an unauthorized passenger in an auto-rickshaw, and the Tribunal failed to consider contributory negligence of the auto-rickshaw driver.

13 Mar 2020

The case arises from a motor accident claim filed by the legal heirs of the deceased, Prabha, who died in a collision between an auto-rickshaw and an ...

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 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 Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Police Constable's Knee Injury. Tribunal's finding of negligence and quantum of compensation affirmed as no grounds for interference under Section 173(1) of Motor Vehicles Act, 1988.

9 Jan 2013

The case arises from a motor accident claim filed by D. Ramesh, a police constable, who sustained a knee injury when his motorcycle was hit by a Marut...

High Court

Bombay High Court Quashes FIR in Share Dispute Due to Civil Nature. Dispute over share purchase agreement held to be purely contractual, not constituting criminal breach of trust or cheating under Sections 406, 420, 120B IPC.

8 Aug 2019

The petitioners, Rohan Dukle and Sudhir Gudal, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Cri...

High Court

High Court of Karnataka Enhances Compensation for Minor Injured in Motorcycle Accident, Dismisses Insurance Company's Appeal Against Liability. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it from Rs.65,000 to Rs.1,00,000, affirming the liability of the insurer under Section 173(1) of the Motor Vehicles Act, 1988.

10 Aug 2017

The case involves two appeals arising from a common judgment of the Motor Accidents Claims Tribunal (MACT) at Belagavi in MVC No.1654/2009. The claima...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

28 Nov 2022

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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 Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Motorcyclist. Deceased rider found 50% contributory negligent for accident involving Tavera jeep; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

6 Nov 2023

The case arises from a motor accident claim filed by the legal heirs of deceased Raju Mohite, who died in a collision between his motorcycle and a Tav...

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