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Search Results for "personal accident cover"

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High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver Not Proved by Insurance Company. The court upheld the Tribunal's award of compensation to the legal representatives of a deceased fisherman, holding that the insurer failed to prove breach of policy conditions or contributory negligence.

16 Jul 2026

The appellant, The New India Assurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and aw...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

24 Feb 2026

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

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 Karnataka Dismisses Insurance Company's Appeal Against No Fault Liability Award in Motor Accident Claim. The court held that the award under Section 140 of the Motor Vehicles Act, 1988 is a summary proceeding and cannot be challenged on grounds of contributory negligence or absence of valid driving license.

28 Jun 2021

The appeal was filed by the Oriental Insurance Company challenging the judgment and award dated 26.06.2010 passed by the Fast Track Court-II and Addit...

High Court

Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

29 Sep 2020

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

High Court

High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988.

19 Dec 2017

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No...

High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Proved, Compensation Enhanced. The court upheld the Tribunal's finding of negligence against the driver of the insured vehicle and enhanced compensation from Rs. 2,90,000/- to Rs. 4,50,000/- with interest at 8% p.a. under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased 17-year-old boy, who died in a road accident involving a vehic...

High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Upheld, Compensation Enhanced from Rs. 2,90,000 to Rs. 4,50,000. The court held that the driver's failure to examine himself and the unchallenged evidence of claimants proved negligence, and the compensation was enhanced considering the deceased's income and multiplier under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased person who died in a road accident. The claimants, Neelaiah an...

High Court

High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. The court upheld the Tribunal's award of Rs.11,38,000/- to the claimants, holding that the insurer did not discharge its burden of proving breach of policy conditions under the Motor Vehicles Act, 1988.

8 Jul 2016

The case arises from a motor accident claim filed by the wife and children of Sanjay Gujar, who died in a road accident on 28 December 2004. The decea...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% contributorily negligent in head-on collision; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

29 Nov 2012

The case arises from a motor accident on 25.12.1989 on National Highway No.7 near Kondhali, Nagpur, involving a collision between two trucks: one bear...

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