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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation Award. Settlement induced by fear of delayed justice is not voluntary and cannot be accepted.

The case arises from a motor accident claim where the deceased, Atish Ramesh Kamble, a 25-year-old bachelor employed as a lecturer earning Rs.24,800 p...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

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Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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High Court of Judicature at Bombay, Nagpur Bench Considered Writ Petitions Challenging Trial Court's Rejection of Withdrawal of Insurance Policy Amounts in Succession Dispute. Section 39(7) of Insurance Act, 1938 and Applicability of Hindu Succession Act, 1956 to Nominees' Claims Were Examined.

The writ petitions arose from Special Civil Suit No. 2 of 2022 filed by the widow and son of deceased Pravin Maloo seeking partition of suit propertie...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Deduction of Personal Expenses and Application of Multiplier. Tribunal's award modified by applying multiplier of 11 instead of 13 and deducting 1/3rd towards personal expenses of deceased.

The case arises from a motor accident claim filed by the widow, minor son, and mother of the deceased, who died in a vehicular accident. The Motor Acc...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Upheld. Tribunal's assessment of deceased's income based on income tax returns and application of multiplier of 17 held proper under Section 166 of Motor Vehicles Act, 1988.

The appellant, New India Assurance Co. Ltd., challenged the judgment and award dated 21/07/2004 passed by the Claims Tribunal, Pune in Motor Accident ...

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High Court of Karnataka Partly Allows Insurer's Appeal Reducing Compensation in Motor Accident Claim Due to Erroneous Income Assessment. Tribunal's Award of Rs. 23,59,400 Reduced to Rs. 6,39,000 as Deceased's Income Was Not Properly Proved and Future Prospects Were Wrongly Added.

The case involves an appeal by the National Insurance Co. Ltd. against the judgment and award dated 06/01/2011 passed by the XVI Additional Judge, Mot...