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Search Results for "Insurer Appeal"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims Due to Lack of Driving Licence and Invalid Insurance Policy. The court held that the insurer is not liable to pay compensation when the driver of the offending vehicle did not possess a valid driving licence, constituting a breach of policy conditions under Section 149(2) of the Motor Vehicles Act, 1988.

21 Feb 2024

The case involves three first appeals filed by The New India Assurance Company Ltd (the insurer) against a common judgment dated 5th July 2003 passed ...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Proved by Charge-Sheet and Income Assessed Notionally. The Court upheld the Tribunal's award of Rs. 7,92,000 to the dependents of the deceased, finding no error in the assessment of negligence or income.

9 Jan 2024

The appeal arises from a motor accident claim where the deceased, Rajeshwar, died in a vehicular accident on 27 January 2015. The claimants, being his...

High Court

High Court of Karnataka Allows KSRTC Appeal and Dismisses Insurance Company Appeal in Motor Vehicle Accident Claim — Apportionment of Liability Between Tortfeasors Determined Based on Contributory Negligence. The court held that when two vehicles are involved in an accident, the liability of the insurer of each vehicle is to be determined based on the degree of negligence, and the owner of the other vehicle is not liable to pay compensation if the accident was caused solely by the negligence of the driver of the insured vehicle.

23 Dec 2020

The case involves two appeals arising from a motor vehicle accident claim. The accident occurred when a KSRTC bus collided with a lorry owned by M/s S...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Computation of Future Prospects and Deduction for Personal Expenses Under Motor Vehicles Act, 1988 — Deceased was a bachelor aged 24 years, 50% future prospects added, 50% deduction for personal expenses applied.

13 Jul 2018

The case involves two appeals arising from a motor accident claim. The claimants, family members of the deceased Y. Manjunath, filed a claim petition ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Computation of Loss of Dependency Based on Notional Income of Rs.9,000 per Month for a Vegetable Vendor with Addition of 40% Towards Future Prospects and Deduction of 1/4th Towards Personal Expenses.

13 Jul 2018

The judgment pertains to two appeals arising from a motor accident claim. The claimants, being the widow, children, and parents of the deceased Yellap...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Vehicle Accident Case — Insurer Directed to Pay and Recover from Owner for Breach of Policy Condition. Tribunal's Award of Rs.1,85,000 Upheld but Liability Shifted to Owner for Violation of Permit Conditions Under Motor Vehicles Act, 1988.

4 Nov 2015

The appeal was filed by United India Insurance Co. Ltd. against the judgment and award dated 15.09.2010 passed by the Fast Track Court-I, MACT, Mysore...

High Court

High Court of Bombay at Nagpur Upholds Interim Compensation Award in Motor Accident Claim — Insurance Company Liable to Pay Rs.50,000 Under Section 140 of Motor Vehicles Act, 1988 Despite Alleged Breach of Policy Conditions. The court held that Section 140 provides for no-fault liability and the insurer cannot avoid interim compensation on grounds of breach of policy conditions.

20 Aug 2015

The appeal was filed by the Insurance Company, HDFC Ergo General Insurance Co. Ltd., challenging the order dated 8.7.2014 passed by the Motor Accident...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurer's Appeal Dismissed. Claimant awarded Rs.14,19,000/- for grievous injuries sustained in road accident under Motor Vehicles Act, 1988.

26 Mar 2014

The judgment pertains to two appeals arising from a motor accident claim. The claimant, B.N. Dhananjaya, sustained grievous injuries in a road acciden...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Overloading as No Breach of Policy by Owner Proved. The court upheld the award of Rs 3,82,000 with 9% interest to the dependents of a deceased passenger, holding that the insurer failed to prove that the owner permitted overloading of the vehicle.

24 Jul 2013

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 01-09-2004 passed by the Motor Accidents Claims T...

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