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Search Results for "insurance breach"

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High Court

Madras High Court Upholds Insurance Company's Liability in Load Auto Accident — Pay and Recover Principle Applied. The court held that the insurer must compensate the claimant for the death of a minor occupant of a goods vehicle, despite policy violations, and can recover from the owner.

2 Jun 2026

The case arises from a motor accident claim filed by the mother of a deceased minor, Suryaprakash, who died after falling from a load auto on 01.04.20...

High Court

Bombay High Court Allows Appeal in ESI Coverage Dispute — Visit Note Lacks Employee Details, Violates Principles of Natural Justice. The court held that a coverage notice under the Employees' State Insurance Act, 1948 must be preceded by an opportunity of hearing and that a visit note without names and designations of employees is insufficient.

4 Mar 2019

The appellant, Rameshchandra Madanlal Agrawal, proprietor of M/s Tekdiwal Udyog, a pulse mill, challenged a notice dated 15/06/2009 issued by the Empl...

High Court

Bombay High Court Dismisses Petitions Challenging RBI's Moratorium and Liquidation of CKP Co-operative Bank Ltd. — Petitioners' Deposits Not Covered by Deposit Insurance as Bank Was Under Moratorium Prior to Insurance Scheme Introduction.

12 Mar 2021

The judgment pertains to a batch of writ petitions filed by depositors of the CKP Co-operative Bank Ltd., which was placed under moratorium by the Res...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Directed to Pay Compensation First and Recover from Owner for Breach of Policy Terms Due to Invalid Driving License. The court held that the driver of the offending tractor was holding a valid driving license and the burden to prove absence of license lies first on the owner and then on the insurance company.

6 Nov 2020

The case arises from a motor accident claim where the original claimants, legal representatives of the deceased Santosh Chitakalwar, filed an appeal a...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Driver's Lack of Valid License. The court applied the 'pay and recover' principle under Section 149 of the Motor Vehicles Act, 1988, directing the insurer to pay compensation to the claimants and recover from the insured.

17 Feb 2026

The case arises from a motor accident that occurred on 18.05.1998 when the deceased, Ms. Bhartiben, was travelling in an Ambassador car bearing regist...

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 Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

9 Aug 2018

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Labourer Death. Insurer Liable Despite Alleged Commercial Use of Tractor Trolley as Policy Covered Labourers and No Breach Proved.

12 Dec 2012

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award dated 02.02.2000 passed by the Motor Accident Claims Tribunal,...

High Court

Bombay High Court Allows Claim Under Shetkari Janta Apghat Vima Yojna Despite Lack of Valid Driving Licence and Presence of Alcohol. Insurance Company Cannot Deny Coverage Under Government Scheme for Farmers Unless Policy Expressly Excludes Such Conditions.

6 Mar 2019

The petitioner, Latabai wd/o. Raosaheb Deshmukh, filed a writ petition challenging the communication dated 10.3.2015 of respondent No. 4 Insurance Com...

High Court

Bombay High Court Allows Appeal in Employees' Compensation Case — Insurance Company Held Liable for Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurance Company Cannot Escape Liability for Breach of Policy Conditions Without Proper Evidence.

17 Mar 2023

The present appeal was filed under Section 30 of the Employees' Compensation Act, 1923, by the claimants (widow and minor sons of the deceased Vasanta...

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