Search Results for "Breach of policy"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "Breach of policy"

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High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award of Rs.10,66,000 with 9% Interest. Negligence of Driver Established; Insurance Company Liable to Pay Compensation Despite Alleged Breach of Policy Conditions.

3 Mar 2026

The case arises from a motor accident that occurred on 06.01.2012, when the deceased Nazirbhai Mahamadbhai Malek (Garasia) was waiting for a rickshaw ...

High Court

Gujarat High Court Allows Insurance Company's Appeal with Pay and Recover Direction in Motor Accident Claim — Absence of Goods Vehicle Endorsement in Driving Licence Not a Ground to Deny Third Party Compensation. Issue of breach of policy terms pending before Supreme Court in S. Iyyapan case; insurance company directed to pay award amount with liberty to recover from owner.

19 Feb 2026

The case involves two first appeals filed by National Insurance Company Ltd. against a common judgment and award dated 31st December 2013 passed by th...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurance Company Held Liable to Pay Compensation Despite Absence of Valid Driving Licence. The court held that the insurance company is liable to pay compensation to third parties even if there is a breach of policy conditions, with a right to recover from the insured.

23 Nov 2020

The present appeal was filed by the owner of a tractor and trailer (appellants) challenging the judgment and award dated 09.12.2011 passed by the I Ad...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Breach of Policy Conditions Established. Insurer failed to prove that driver did not hold valid driving licence at the time of accident; burden of proof lies on insurer under Section 149(2) of Motor Vehicles Act, 1988.

28 Sep 2020

The case involves two appeals filed by the National Insurance Co. Ltd. challenging the judgment and award dated 16.11.2009 passed by the Presiding Off...

High Court

High Court of Bombay at Nagpur Allows Owner's Appeal in Motor Accident Claim — Insurance Company Liable Despite Vehicle Used for Hire or Reward. Breach of Policy Condition Not Fundamental as Vehicle Was a 'Tempo Trax' Used for Occasional Conveyance of Passengers, Not a Goods Carriage.

13 Dec 2019

The case involves two appeals filed by the owner of a Tempo Trax (vehicle No. MH-31/G-6545) against awards passed by the Motor Accident Claims Tribuna...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Two Persons in Tempo Accident. Held that the insurance company failed to prove breach of policy conditions and that the driver's license was valid at the time of accident.

18 Sep 2019

The present appeals arise out of two separate claim petitions filed by the legal representatives of two deceased persons who died in a motor vehicle a...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurance Company Liable for Death of Gratuitous Passenger on Tractor. Insurance Company Failed to Prove Breach of Policy Terms, Hence Joint and Several Liability with Owner Upheld.

26 Aug 2019

The present appeal was filed by the National Insurance Company Limited, the original respondent No.2, challenging the Judgment and Award dated 09.12.2...

High Court

Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Pay and Recover Order Against Owner Upheld. Insurer Directed to Pay Compensation to Claimants and Recover from Owner Due to Breach of Policy Conditions.

5 Aug 2019

The appeal was filed by the United India Insurance Company Ltd. challenging the Judgment and Award dated 28.08.2017 passed by the Motor Accident Claim...

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 Partly Allows Insurer's Appeal in Motor Accident Claim — One-Third Deduction for Personal Expenses Applied Instead of One-Fifth. Pay-and-Recover Direction Upheld Despite Expired Driving Licence Under Motor Vehicles Act, 1988.

13 Sep 2012

The appeal arose from a judgment of the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No.100/2009, awarding compensation of Rs.6,23,900/- to t...

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