Search Results for "Insurer's Appeal"

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Search Results for "Insurer's Appeal"

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High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Owner with Valid Learner's Licence Not Liable for Compensation; Insurance Company Directed to Pay and Recover. Learner's Licence Held Valid Driving Licence Under Motor Vehicles Act, 1988; Breach of Rule 3 of Central Motor Vehicles Rules, 1989 Not Established as No Evidence of Contravention.

3 Feb 2025

The appellant, Ku. Nilima Dakhane, was the owner of a Kinetic Nova scooter involved in an accident on 10.04.2003, in which respondent No.2, Pandurang ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Fire Loss — Repudiation for Overvaluation and Lack of Licence Set Aside. The court held that while suppression of material fact regarding licence justified repudiation, overvaluation without fraud did not, and directed payment of claim as per second surveyor's assessment.

14 Feb 2020

The appellant, M/s Baspa Organics Limited, purchased a factory from Maharashtra State Financial Corporation for Rs. 4 crores and commenced production ...

High Court

Bombay High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof. Tribunal's assessment of monthly income at Rs.19,000 based on appointment letter and salary slips without income tax returns held insufficient.

5 Oct 2023

The case arises from a motor accident claim petition filed by the parents of the deceased, Mr. Anuj Nitin Dighe, who died in a motor vehicular acciden...

High Court

Bombay High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof. Tribunal's assessment of monthly income at Rs.19,000 based on appointment letter and salary slips without income tax returns held insufficient.

5 Oct 2023

The case involves a first appeal by the Reliance General Insurance Company Limited against the judgment and award dated 29 June 2019 passed by the Mot...

High Court

High Court of Bombay at Nagpur Enhances Compensation for Injured Claimant in Motor Accident Case — Multiplier Method Applied for Permanent Disability. Claimant with 20% disability awarded Rs. 1,51,140/- with interest at 6% per annum under Section 166 of Motor Vehicles Act, 1988.

26 Feb 2022

The appellant, Snehalata Wd/o Arunkumar Pandya, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for inj...

High Court

Bombay High Court Allows Appeal in Workmen's Compensation Case — Insurance Company Liable Despite Dishonour of Cheque for Premium. Dishonour of cheque does not automatically cancel insurance policy; insurer must follow statutory cancellation procedure and is liable to pay compensation to third parties with right to recover from owner.

7 Oct 2022

The appeal arises from a claim petition under the Employees Compensation Act filed by the appellants, who are the legal heirs of the deceased worker. ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. The court upheld the principle of 'pay and recover' under Section 149 of the Motor Vehicles Act, 1988, holding the insurer liable to pay compensation to third-party victims even if the driver lacked a valid license.

7 Sep 2020

The present appeal was filed by the United India Insurance Co. Ltd. (the appellant) challenging the judgment and award dated 18-08-2005 passed by the ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

29 Oct 2010

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence. Negligence of Driver Established Through Oral Testimony and Site Inspection Report, Entitling Claimant to Compensation Under Section 166 of Motor Vehicles Act, 1988.

11 Oct 2010

The appellant, Laximan Vithoba Gaunkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 2,00,000...

High Court

Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim — Deceased's Income Reassessed to Rs. 1500 per Month. Multiplier 13 and Deduction of 1/3rd for Personal Expenses Upheld, Resulting in Enhanced Award of Rs. 1,63,000.

25 Feb 2011

The appellants, being the widow and children of deceased Hafizuddin, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation f...

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