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High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available. The Court held that under Section 163A of the Motor Vehicles Act, 1988, the defence of contributory negligence is not available to the insurer and the Tribunal's award based on the structured formula cannot be interfered with.

28 Apr 2020

The appellant, IFFCO-TOKIO GIC Ltd., an insurance company, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available in Structured Formula Claims. Insurer Liable to Pay Compensation Despite Alleged Negligence of Deceased as Section 163A is a No-Fault Liability Scheme.

28 Apr 2020

The appeal arises out of a judgment and award dated 20.06.2013 in M.V.C.No.301/2011 passed by the Principal Senior Civil Judge & M.A.C.T., Puttur, D.K...

Supreme Court

Supreme Court Allows Bank's Appeal Against NCDRC Order Holding Bank Liable for Insurance Claim. Borrower's Acceptance of SCDRC Order and One-Time Settlement with Bank Precludes Liability.

7 Feb 2020

The Supreme Court allowed the appeal filed by the State Bank of India and another against the order of the National Consumer Disputes Redressal Commis...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver and Vicarious Liability of Owner — Compensation Enhanced for Death of Pillion Rider. The court held that the driver of the motorcycle was solely negligent and the owner is vicariously liable, reversing the Tribunal's finding of contributory negligence.

22 Jul 2019

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Ramachandra Yallurkar, who died in a motorcyc...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Negligence Established Despite Absence of Driver's License. Owner of Vehicle Held Liable for Compensation as Driver Was Not Possessing Valid Driving License at Time of Accident.

22 Jul 2019

The case involves two appeals arising from a motor accident claim. The claimants, legal representatives of deceased Ramachandra Yallurkar, filed a cla...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Owner's Appeal Dismissed for Lack of Evidence on Driving Licence Violation. The court held that the owner failed to prove breach of policy conditions regarding driving licence, and thus the owner is liable to pay compensation under Section 149(2) of Motor Vehicles Act, 1988.

17 Jun 2019

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Channawwa, was injured in a road accident involving a goods lorr...

High Court

Bombay High Court Allows Appeal by Insurer in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is liable to pay compensation but is entitled to recover the same from the owner of the vehicle.

16 Apr 2019

This appeal arises from a judgment and award of the Motor Accident Claims Tribunal in MACP No. 559 of 2007. The appellant, Smt. Kamal wd/o Daulatrao D...

High Court

High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. Insurer liable to pay compensation as burden of proof under Section 149(2) of Motor Vehicles Act, 1988 not discharged.

13 Jun 2016

The case arises from a fatal motor accident that occurred on 30.11.1999 on Pune-Jejuri road, resulting in the death of Vinayak Laxman Katake. The clai...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Exonerates Insurer Due to Breach of Policy Conditions. Driver Without Valid Driving Licence at Time of Accident Constitutes Fundamental Breach of Insurance Policy Terms Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

19 Aug 2015

The case arises from a motor vehicle accident that occurred on 22 March 1997 at 5:00 p.m. at village Dongargaon, near an orange processing factory, wi...

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