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Search Results for "insurance obligation"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim — Insurance Company Directed to Pay Compensation and Recover from Owner for Breach of Policy Condition. Third-party claimant cannot be denied compensation due to absence of valid driving licence of the offending vehicle driver; insurer must pay and recover.

5 Mar 2026

The appellant, Bharatbhai Parsotambhai Bhanushali, was the original claimant in a motor accident claim petition (MACP No.578 of 2019) before the Motor...

High Court

Bombay High Court Dismisses Writ Petition Against LIC and Consumer Fora for Lack of Jurisdiction — Petitioner Failed to Establish Any Violation of Fundamental Rights or Statutory Duty. The court held that the Consumer Protection Act, 1986 provides an alternative remedy and the High Court under Article 226 should not interfere with concurrent findings of fact.

10 Feb 2025

The petitioner, Narendra Babarao Deshmukh, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. Claimant's Wife and Children Died in Accident Involving Vehicle Without Valid Permit and Fitness Certificate, Excluding Insurer's Liability Under Section 149(2)(a)(i)(c) of Motor Vehicles Act, 1988.

11 Feb 2022

The case involves three appeals filed by The New India Assurance Company Ltd. against a common judgment dated 25.05.2010 passed by the Motor Accident ...

Supreme Court

Supreme Court Upholds National Commission's Decision in Insurance Claim Dispute Based on Surveyor's Report. Compensation Confined to Surveyor's Assessment Under Section 64UM(2) of Insurance Act, 1938 Due to Discrepancies in Appellant's Stock Records and Use of Volumetric Analysis.

28 Sep 2021

The Supreme Court of India heard a civil appeal arising from a judgment of the National Consumer Disputes Redressal Commission. The appellant, Khatema...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Rejecting Insurance Claim for Road Damage Due to Normal Wear and Tear Exclusion. The appellant failed to prove that the damage was caused by abnormal rainfall and not normal wear and tear under Section 1 of the insurance policy.

25 Mar 2019

The appellant, Mahavir Road and Infrastructure Pvt Ltd., was undertaking road resurfacing and asphalting in Nashik and obtained an insurance policy fr...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

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

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation Due to Driver's Lack of Valid Driving License. Breach of Policy Terms Established as Driver Did Not Possess Effective License at Time of Accident, Exonerating Insurer Under Motor Vehicles Act, 1988.

30 Jul 2014

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Pramod Gadbail, who died in a road accident on 10/12/200...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Claim Despite Insurance Company's Defence of Drunken Driving and No Valid Licence. Insurer Liable to Pay Compensation to Injured Pillion Rider as Owner's Liability is Primary and Insurer Cannot Avoid Liability Without Proving Breach of Policy Conditions.

1 Jul 2013

The case arises from a motor accident claim petition filed by Baban Narayan Bansod (claimant) before the Motor Accident Claims Tribunal, Nagpur. On 19...

High Court

Bombay High Court Dismisses Revenue's Appeal in Section 10A Exemption Computation Case — Freight and Insurance Excluded from Total Turnover as They Have No Profit Element. The Court upheld the Tribunal's direction to compute exemption under Section 10A of the Income Tax Act, 1961 after excluding freight and insurance from total turnover, and also upheld other directions regarding PF/ESIC contributions, interest income, and foreign exchange gains.

23 Jun 2010

The Revenue appealed against the order of the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2003-04, raising five questions of law. The fir...

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