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Search Results for "insurance defence"

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High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

High Court of Karnataka Upholds Insurer’s Liability for Light Goods Vehicle Accident Despite Expired Transport Endorsement on Driver’s License. LMV Licence Sufficient to Drive Light Goods Vehicle Under 7500 kg; Interest Reduced from 9% to 6% per Annum.

28 Jun 2021

The appeal arose from a claim petition filed by a motorcyclist who sustained grievous injuries in an accident on 17.02.2014 when a Canter lorry (regis...

High Court

Bombay High Court Allows Owner's Appeal in Motor Accident Claim Case — Owner Liable to Pay Compensation Despite Insurance Company Exonerated Due to Child Labour Violation. The court held that the insurance company is not liable for death of a minor employee employed in violation of child labour laws, but the owner must pay compensation under Section 166 of the Motor Vehicles Act, 1988.

3 Mar 2016

The appeal was filed by the owner of a truck-tanker (vehicle no. MH-11/A-5498) against the judgment and award of the Claim Tribunal, Nilanga, in Claim...

High Court

High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Was Unauthorized Passenger in Goods Vehicle, Insurance Company Not Liable. Claimant Husband Not Considered Dependent Under Motor Vehicles Act, 1988.

4 Feb 2026

The case involves an appeal by The Oriental Insurance Co Ltd against the judgment and award dated 07.03.2019 passed by the Motor Accident Claims Tribu...

High Court

Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Pay and Recovery Order. Third-Party Claimants Entitled to Compensation Despite Driver's License Violation; Insurer Directed to Pay and Recover from Owner/Driver.

9 Jan 2026

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal representatives of the dece...

High Court

Bombay High Court Partially Allows Appeal in Motor Accident Claim — Enhances Compensation and Holds Insurance Company Liable Despite Driver's Invalid Licence. The Court applied multiplier 14 and added future prospects, and held Insurance Company liable to pay with right to recover from owner.

7 Jul 2014

The appeal arises from a motor accident claim petition filed by the dependents of a deceased who died in a truck accident on 24.11.2006. The deceased ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Invalid Driving Licence of Insured Vehicle's Driver Not a Defence When Accident Caused by Third-Party Vehicle. The Court held that the Insurance Company is liable to compensate the pillion rider's legal heirs even if the driver of the insured motorcycle lacked a valid licence, as the accident was not caused by the insured vehicle.

30 Jun 2023

The case arises from a motor accident claim filed by the parents of Sachin Shankar Rane, who died as a pillion rider on a motorcycle when an unknown M...

High Court

High Court of Bombay at Nagpur Allows Appeal in Workmen's Compensation Case — Employer's Liability for Driver's Injury Upheld Despite Insurance Policy in Previous Owner's Name. The court held that negligence of the workman is not a defence under the Workmen's Compensation Act, 1923, and the employer is liable to pay compensation for injuries sustained during employment.

14 Feb 2014

The appellant, Tarachand Shrawanji Shambharkar, was a truck driver employed by respondent No.1, Prashant Ramchandra Hiranwar. On 29th June, 1997, whil...

High Court

Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

16 Feb 2010

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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 not sustainable.

13 Mar 2013

The case involves multiple appeals filed by the Oriental Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, challenging t...

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