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High Court

Bombay High Court Sets Aside Insurance Ombudsman Award for Non-Compliance with Rule 17 and Ignoring Policy Terms. Ombudsman directed insurer to process claim without determining compensation or considering policy exclusions for medical expenses incurred in India.

14 Aug 2024

The petitioner, Tata AIG General Insurance Co. Ltd., challenged an award dated 4 March 2024 passed by the Insurance Ombudsman for Mumbai. The responde...

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...

Supreme Court

Supreme Court Allows Consumer Insurance Claim Against Insurer for Wrongful Repudiation Due to Uncommunicated Policy Conditions. The Court held that insurance policy terms must be specifically communicated to the beneficiary, and the insurer failed to prove communication of special conditions requiring non-ATM transactions, constituting deficiency of service under consumer law.

21 Feb 2022

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission dated 24 March 2017, which affirmed the State Commission's de...

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 Appeals by Owner and Insurer in Motor Vehicle Accident Case — Compensation of ₹1,40,200 Upheld. Claimant Manjunath awarded compensation for injuries sustained in accident involving vehicle KA-20/550, with owner and insurer held jointly liable.

7 Sep 2017

The case involves two appeals arising from a common judgment and award dated 04.12.2008 passed by the Additional Motor Accidents Claims Tribunal (MACT...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence Not Proved as Claimant Failed to Examine Driver or Produce Documents. The burden of proof lies on the claimant to establish negligence under Section 166 of the Motor Vehicles Act, 1988, and failure to examine the driver or produce FIR/charge sheet results in dismissal of the claim.

4 Oct 2016

The case involves two appeals arising from a common judgment and award dated 13.09.2010 passed by the II Additional Senior Civil Judge and Additional ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in Hit-and-Run Case Involving Multiple Vehicles and Insurers. The court held that the liability of insurers of negligent drivers is joint and several, and the claimant can recover the entire compensation from any one insurer under Section 166 of the Motor Vehicles Act, 1988.

9 Mar 2015

The case arises from a motor vehicle accident that occurred on 20th April 2008 at about 8:30 p.m. near Yeshwanthpur Toll Gate, Bangalore. The claimant...

High Court

Bombay High Court Allows Insurer's Appeal in Part and Enhances Compensation for Claimants in Goods Carriage Accident — Deceased Traveling as Owner of Goods Not Gratuitous Passenger. Insurer Directed to Pay Enhanced Compensation with Pay-and-Recover Rights Under Motor Vehicles Act, 1988.

22 Jul 2014

The appeals arise from a judgment and award dated 26.09.2012 passed by the Motor Accident Claim Tribunal, Ahmednagar in M.A.C.P. No.80/2010 under Sect...

High Court

Bombay High Court Dismisses Insurance Company's Appeal for Lack of Permission Under Section 170 of Motor Vehicles Act, 1988. Insurer Cannot Challenge Award on Merits Without Tribunal's Satisfaction of Collusion or Non-Contest by Owner.

11 Apr 2005

The case involves an appeal filed by the Oriental Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Raigad at Alibag dated ...

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