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Search Results for "Insurer's Appeal"

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High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased was not wearing helmet and had no valid driving license, contributing to accident; insurer's liability limited to 50% under Motor Vehicles Act, 1988.

1 Aug 2022

The case arises from a motor accident claim filed by the legal heirs of Rohidas Dahiphale, who died in a collision between his motorcycle and a truck....

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 Karnataka Enhances Compensation for Death of Minor in Motor Accident Case, Insurance Company's Appeal Dismissed. The court increased the notional income of the deceased minor from Rs. 10,000 to Rs. 15,000 per annum and applied a multiplier of 15, awarding total compensation of Rs. 4,70,000 under the Motor Vehicles Act, 1988.

4 Mar 2025

The case involves two appeals arising from a motor accident claim petition. The claimants, Hanamant Dundappa Narale and Mahadevi, parents of a decease...

High Court

High Court of Karnataka Enhances Compensation for Death of Auto Driver in Motor Accident Case — Insurance Company's Appeal Dismissed. The court held that the notional income of the deceased auto driver should be taken as Rs. 6,000 per month, and after adding future prospects and applying multiplier 16, the total compensation was enhanced from Rs. 4,64,000 to Rs. 12,89,600.

27 Jun 2025

The case involves two appeals arising from a motor accident claim. The claimants, legal representatives of the deceased Kanti @ Kanteppa, who died in ...

High Court

High Court of Karnataka Enhances Compensation for Death of Minor in Motor Accident Case, Insurance Company's Appeal Dismissed. The court held that the Tribunal erred in applying a multiplier of 15 instead of 18 for a minor aged 9 years, and awarded enhanced compensation under conventional heads and parental consortium.

4 Mar 2025

The case involves two appeals arising from a motor accident claim petition. The claimants, Hanamant Dundappa Narale and Mahadevi, parents of the decea...

High Court

High Court of Karnataka Enhances Compensation for Death of Minor in Motor Accident Case, Insurance Company's Appeal Dismissed. The court applied multiplier of 15 and added 40% future prospects for a deceased minor aged 15 years, relying on the principle that notional income of Rs.15,000 per annum under Schedule II of Motor Vehicles Act is applicable only for children below 15 years.

4 Mar 2025

The case involves two appeals arising from a motor accident claim petition. The claimants, Hanamant Dundappa Narale and Mahadevi, parents of a decease...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Premium Paid on Holiday and Cover Note with Future Date. The court held that the insurance cover is effective from the date of receipt of premium, and the accident occurring after payment but before the date mentioned in the cover note does not exonerate the insurer.

20 Apr 2010

The case involves a first appeal by M/s New India Assurance Co. Ltd. against an award dated 8.6.2006 passed by the learned District Judge & Chairman, ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal Against Interim Compensation Under Section 140 of Motor Vehicles Act. Social Welfare Object of Section 140 Overrides Contractual Defences at Interim Stage, Gratuitous Passenger Status Irrelevant.

21 Jun 2010

The New India Assurance Co. Ltd. appealed against an order dated 5.5.2009 passed by the Motor Accident Claims Tribunal, Chandrapur in MACP No. 75 of 2...

High Court

Bombay High Court Upholds Owner's Liability in Motor Accident Claim Despite Insurance Policy Breach — Res Ipsa Loquitur Applied to Prove Negligence. Owner Held Vicariously Liable for Driver's Negligence When Truck Hit Tree, Injuring Passenger Carried for Hire.

6 Jul 2010

The appellant, Shivananda Basavanappa Konapure, owned a truck that was involved in an accident on 23 November 1987. The respondent, Vishwanath Tatya K...

High Court

Bombay High Court Allows Appeal in Marine Insurance Dispute — Insurer Held Liable to Indemnify Insured Despite Delayed Policy Issuance. The court ruled that the insurance policy covered the risk from the date of cover note, and the insurer could not avoid liability for a collision that occurred before the formal policy was issued.

25 Aug 2005

The appellant, Damodar Mangalji & Co. Ltd., owned a barge named M.V. Prabhat. By an agreement dated 6.8.1969, they agreed to sell the barge to Prakash...

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