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Search Results for "one time insurance"

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High Court

Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Insurance Claim Dispute — Flood Damage Claim Referred to Arbitration Despite Surveyor's Inaction. The court held that the existence of an arbitration clause in the insurance policy mandates referral to arbitration, and the surveyor's failure to finalize the claim does not bar arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov 2022

The applicant, M/s. Mallak Specialities Pvt Ltd., an export company engaged in manufacturing specialty chemicals, held a Standard Fire and Special Per...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Inference of Insurance Drawn from Form Comp AA and Charge-Sheet. The court held that the insurer failed to disprove the existence of the policy, and the claimant's income from vegetable selling and future prospects require consideration for enhancement.

11 Dec 2020

The New India Assurance Co. Ltd. appealed against the award of the Motor Accident Claims Tribunal, challenging the finding that the offending truck wa...

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

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Breach of Policy Conditions Established. Insurer failed to prove that driver did not hold valid driving licence at the time of accident; burden of proof lies on insurer under Section 149(2) of Motor Vehicles Act, 1988.

28 Sep 2020

The case involves two appeals filed by the National Insurance Co. Ltd. challenging the judgment and award dated 16.11.2009 passed by the Presiding Off...

High Court

High Court of Karnataka Allows Appeals in Part, Holding Insurance Company Not Liable for Interest on Workmen Compensation; Interest Liability Rests on Employers Under Section 4-A(3)(a) of Employees' Compensation Act, 1923, as Contractual Policy Did Not Cover Interest. The Court Modified the Commissioner's Order to Exonerate the Insurer from Interest Payment.

12 Apr 2023

The High Court of Karnataka at Bengaluru dealt with two appeals filed under Section 30(1) of the Employees' Compensation Act, 1923, arising from the s...

High Court

Bombay High Court Allows Appeal in Employees' Compensation Case — Insurance Company Held Liable for Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurance Company Cannot Escape Liability for Breach of Policy Conditions Without Proper Evidence.

17 Mar 2023

The present appeal was filed under Section 30 of the Employees' Compensation Act, 1923, by the claimants (widow and minor sons of the deceased Vasanta...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

High Court

Bombay High Court Upholds Insurance Company's Pay and Recover Liability in Motor Accident Claim — Truck Driver's Negligence Proved, Insurer Must Pay Compensation and Recover from Owner/Driver. The court affirmed the principle that an insurer is liable to pay compensation to third parties even if the insured is at fault, with the right to recover from the insured.

13 Nov 2017

The case involves an appeal by United India Insurance Company Ltd. against the judgment and award dated 02-04-2014 passed by the Motor Accident Claims...

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

High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Liable for Third-Party Injury Despite Vehicle Not Covered by Policy. Court holds that under Section 147 of the Motor Vehicles Act, 1988, an insurance policy must cover third-party risks, and the insurer cannot avoid liability for injuries caused by a vehicle even if the policy does not cover the specific vehicle, as the vehicle was being used in a public place.

17 Dec 2024

The appellant, Sri Munikrishna, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and ...

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