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High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Lack of Driving License Due to Absence of Evidence of Willful Breach. Compensation Enhanced from Rs. 1,00,000 to Rs. 1,50,000 with 6% Interest.

The appellant, Rathnamma, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident in...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Cannot Be Exonerated Based on Unproven Allegation of Hire and Reward. The Tribunal erred in relying on a police statement not tested in evidence to conclude breach of policy terms.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Pune, which exonerated the Insurance Company from liability to pay compensati...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Breach of Policy Condition Due to Unlicensed Driver. Insurer Not Liable to Pay Compensation as Driver Kashinath Sedam Did Not Hold Valid Driving Licence at Time of Accident.

The case arises from a motor accident claim filed by the widow and children of Mukunda Kumare, who died after being hit by a Bajaj M80 motorcycle bear...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Under Section 163-A MV Act — Insurer Liable Despite Alleged Licence Violation. Claim under Section 163-A is no-fault liability; insurer cannot avoid payment on ground of driver lacking licence.

The case arises from a claim petition under Section 163-A of the Motor Vehicles Act, 1988 filed by the legal representatives of Babasaheb Wankhede, wh...

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High Court of Bombay Dismisses Employer's Appeal in Workmen's Compensation Case — Employer Liable for Compensation Despite Insurance Exoneration. Employer failed to establish breach of policy conditions; Commissioner's award of compensation and penalty upheld under Workmen's Compensation Act, 1923.

The case involves a first appeal filed by the employer, Balaji Constructions, challenging the judgment and order of the Commissioner appointed under t...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

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Bombay High Court Upholds Pay and Recover Direction in Motor Accident Claim — Insurance Company Liable Despite Breach of Policy Conditions. Goods Vehicle Carrying Passenger Does Not Absolve Insurer from Paying Compensation to Third Party Claimants; Insurer Must Recover from Owner.

The appellant, Oriental Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...