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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 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

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Policy Exclusion for Owner-Driven Vehicle Without Valid Driving Licence. Insurer Not Liable to Pay Compensation Where Deceased Drove Motorcycle Without Licence and Policy Excluded Owner's Liability.

14 Oct 2022

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and award dated 1.6.2015 passed by the Motor Accident Claims Tribunal...

Supreme Court

Supreme Court Allows Insurer's Appeal in Motor Vehicle Insurance Claim Due to Expired Temporary Registration. Driving Vehicle Without Valid Registration After Temporary Registration Expiry Constitutes Fundamental Breach of Policy Terms Under Sections 39 and 192 of Motor Vehicles Act, 1988, Entitling Insurer to Repudiate Claim.

30 Sep 2021

The dispute arose from an insurance claim repudiation by United India Insurance Co. Ltd. after the theft of the respondent's Bolero car. The responden...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Case — Negligence of Tractor Driver Proved, Compensation Enhanced for Loss of Future Earnings Due to Permanent Disability.

23 Aug 2019

The case involves two appeals arising from a motor accident claim. The claimant, Babanna H. @ Babu, a loader, was injured on 20.03.2013 when the tract...

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 Vehicle Accident Case — Apportionment of Liability Between Two Vehicles Upheld. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it, considering the injuries and medical expenses, while upholding the finding of contributory negligence.

9 Mar 2015

The case arises from a motor vehicle accident that occurred on 15.02.2008 involving two vehicles: a car driven by respondent No.1 and a lorry driven b...

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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