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Search Results for "insurance defence"

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High Court

High Court of Karnataka Dismisses Insurance Company's Appeals Against Section 163A Awards — Claim Petitions Under Section 163A Are Maintainable Even If Negligence Is Not Proved. The court held that Section 163A of the Motor Vehicles Act, 1988 provides a no-fault liability scheme, and therefore, claim petitions under this section are maintainable without proof of negligence.

30 Nov 2018

The High Court of Karnataka, Kalaburagi Bench, disposed of two appeals filed by the United India Insurance Company Limited challenging the awards pass...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. Claimant as Pillion Rider Failed to Wear Helmet and Was Not a Third Party Under Motor Vehicles Act, 1988, Section 166.

17 Oct 2019

The case involves a motor accident claim filed by Devidas Waikar (claimant) who was a pillion rider on a motorcycle driven by Narhari Chalak (responde...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — No Liability for Own Accident Under Section 163A of Motor Vehicles Act, 1988. Driving Without Licence Constitutes Breach of Policy Condition, Absolving Insurer of Liability for Death of Owner-Driver.

22 Jun 2017

The case involves an appeal by The New India Assurance Co. Limited against the judgment and order dated 15/01/2008 of the Motor Accident Claims Tribun...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Negligence on Part of Deceased Driver. Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988 as Tribunal Correctly Applied Structured Formula Without Need to Prove Negligence.

4 Aug 2022

The appeal was filed by the insurance company, Reliance General Insurance Company Limited, challenging the judgment and award dated 09.05.2014 passed ...

High Court

Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

5 Jun 2023

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

5 Mar 2026

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...

High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that in the absence of evidence of income and negligence, the compensation awarded by the Tribunal was excessive and required reduction.

13 Mar 2013

The case involves multiple appeals filed by the Oriental Insurance Company Limited against the judgment and award of the Motor Accident Claims Tribuna...

High Court

Bombay High Court Allows ESI Corporation's Appeal Against Insurance Court Order Setting Aside Coverage of Establishment Under ESI Act. The Court Held That the Insurance Court Erred in Holding That the Corporation's Order Under Section 45A Was Without Jurisdiction, as the Respondent Had Been Given Sufficient Opportunity and the Notification Under Section 1(5) Was Valid.

29 Jan 2014

The appeal was filed by the Employees State Insurance Corporation (appellant) under Section 82 of the Employees State Insurance Act, 1948 (ESI Act) ag...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. The court affirmed the Commissioner's finding that the driver was a workman under the Workmen's Compensation Act, 1923, and the Tribunal's computation of compensation under the Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Enhances Compensation for Tractor Accident Victim, Holds Insurance Company Liable Despite Tractor Being Used for Agricultural Purpose. Claimant sustained fracture of left femur; compensation enhanced from Rs.9,15,840 to Rs.14,15,840 with 6% interest.

15 Jan 2025

The appellant, a claimant in a motor accident case, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and...

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