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Search Results for "exonerated insurer"

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High Court

High Court of Karnataka Allows Owner's Appeal in Motor Vehicle Accident Case — Owner Not Liable for Compensation as Driver Had Valid License and Insurance Policy Covered Risk. The court held that under Section 173(1) of the Motor Vehicles Act, 1988, the insurer is liable to pay compensation when the driver has a valid license and the policy is in force.

21 Mar 2023

The appellant, Sri Gopalakrishna G Nayak, owner of a Bajaj luggage carrier auto rickshaw, filed this appeal under Section 173(1) of the Motor Vehicles...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurance Company's Appeal Dismissed for Lack of Evidence on License Violation. Claimant awarded Rs.1,00,000/- as just compensation under Section 166 of Motor Vehicles Act, 1988.

5 Dec 2016

The case involves a motor accident claim arising from an incident on 27-03-2010 when the claimant, Somappa, was traveling as a pillion rider on a moto...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No.102828/2014. Court allowed appeal under Section 173(1) of Motor Vehicles Act, 1988, enhancing compensation from Rs.1,50,000 to Rs.2,50,000 with interest at 6% per annum.

13 Aug 2019

The appellant, Shri Ninganagouda, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16.09...

High Court

High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Owner Not Liable to Pay Interest on Awarded Amount Due to Insurer's Failure to Defend. The court held that the insurer, having accepted the premium and failed to defend the claim, is liable to pay interest on the awarded amount, and the owner cannot be burdened with interest liability.

18 Nov 2013

This appeal arises from a motor accident claim. The appellant, Pramodkumar Gupta, was the owner of the offending vehicle. The Motor Accident Claims Tr...

High Court

High Court of Karnataka Allows Appeal by Owner in Motor Accident Claim — Owner Not Liable as Vehicle Was Stolen at Time of Accident. Owner's Failure to Produce Insurance Policy Does Not Shift Liability When Vehicle Was Not in His Possession and No Privity of Contract Exists.

30 Sep 2015

The appellant, H.S. Anantha, was the owner of a motorcycle bearing registration No. KA 3 L 1721. He was the first respondent in MVC No. 328/2011 befor...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. The Court held that the claimant, a pillion rider on a motorcycle, was negligent for not wearing a helmet and contributed to the accident, reducing the insurer's liability by 50%.

29 Aug 2019

The present appeal was filed by the New India Assurance Company Ltd., the original respondent No. 2 (insurer), challenging the judgment and award pass...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Police Charge Sheet Not Conclusive Proof of No Driving Licence. Insurer Failed to Prove Breach of Policy Condition Under Section 149(2) of Motor Vehicles Act, 1988 as Charge Sheet Alone Insufficient to Establish Absence of Licence.

25 Nov 2015

The appeal was filed by United India Insurance Co. Ltd. against the judgment and award dated 22.02.2011 passed by the XIII Additional Small Causes Jud...

High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased pillion rider found 50% contributory negligent for standing on road without helmet, reducing insurer's liability under Motor Vehicles Act, 1988.

5 Jan 2026

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award dated 30.06.2016 passed by the Motor Accident Claims Tribunal (Aux...

High Court

High Court of Karnataka, Kalaburagi Bench Disposes of Multiple Motor Accident Claims Appeals under Section 173(1) of MV Act. The appeals arose from awards of the Motor Accident Claims Tribunal concerning compensation for injuries and deaths in road accidents.

22 Dec 2020

The High Court of Karnataka, Kalaburagi Bench heard a batch of miscellaneous first appeals filed under Section 173(1) of the Motor Vehicles Act, 1988,...

Supreme Court

Supreme Court Directs Insurer to Pay Compensation to Injured Gratuitous Passengers in Goods Vehicle with Right to Recover from Owner and Driver. Pay and Recover Principle Applied in Favor of Young Claimants with Permanent Disabilities Despite Policy Exclusion.

9 Aug 2019

The appeals arose from a judgment of the Punjab and Haryana High Court concerning compensation for injuries sustained by two gratuitous passengers in ...

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