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Search Results for "insurance defence"

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High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurer Liable Despite Discrepancy in Vehicle Registration Number. The court held that the insurer failed to prove that the vehicle involved was not insured, and the minor typographical error in the registration number did not absolve liability under the Motor Vehicles Act, 1988.

25 Nov 2019

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accidents Claims Tribunal (MACT), Mumba...

High Court

Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

21 Oct 2016

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

High Court

High Court of Bombay Allows Appeal in Part and Enhances Compensation in Motor Accident Claim — Insurance Company Liable for Third-Party Risk Despite Alleged Breach of Policy Conditions. Parents of Deceased Awarded Enhanced Compensation with Interest Under Motor Vehicles Act, 1988.

7 Mar 2022

The case arises from a motor accident claim filed by the parents of Shreyans Udaybabu Shah, who died in a car accident on 23.02.2013. The deceased was...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Cheque Dishonour. Policy Cancellation Not Proved; Insurer Must Pay No-Fault Compensation Under Section 140 of Motor Vehicles Act, 1988.

4 May 2010

The appellant, Subhash Dadaji Awchat, an agriculturist, filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries...

High Court

High Court Considers Whether Insurance Claim Dispute Pertaining to Overhauling Costs of Gas Turbine Engine is Quantum or Liability Dispute Under Policy Arbitration Clause. Insurer's Petition Under Section 34 of Arbitration Act Challenges Arbitral Award That Treated Overhaul Claim as Part of Quantum and Awarded Damages to Insured.

22 Apr 2026

The dispute arose from an Industrial All Risk Policy issued by the petitioner insurance company to the respondent's successor, covering a captive powe...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Workmen's Compensation Cases — Employer-Employee Relationship Established Despite Vehicle Ownership Dispute. The court upheld the Commissioner's order directing the insurance company to pay compensation for death and injuries arising out of a motor vehicle accident during the course of employment under the Workmen's Compensation Act, 1923.

16 Jul 2015

The case involves two appeals filed by the New India Assurance Company Ltd. challenging the judgment and order of the Commissioner appointed under the...

High Court

Bombay High Court Allows Insurance Company's Petition Against NCDRC Order in Housing Society Dispute — Policy Repudiation Upheld Due to Breach of Condition Regarding Unauthorized Construction. The court held that the insurer was justified in repudiating the claim as the insured failed to disclose material facts about unauthorized construction, which was a fundamental breach of policy conditions.

15 Dec 2025

The petitioner, New India Assurance Co. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 4 Decemb...

High Court

Bombay High Court considers interim injunction in passing-off suit over 'iTerm' mark for online insurance policies. Court examines whether 'iTerm' is inherently distinctive or has acquired secondary meaning under common law of passing off, and plaintiff's challenge to defendant's use of 'Aviva i-Term Smart'.

19 Aug 2019

The plaintiff, Aegon Life Insurance Company Limited, instituted a suit for passing off against Aviva Life Insurance Company India Limited, seeking an ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Policy Validity and Breach of Conditions Not Proved. Insurer Liable to Pay Compensation as No Defence Raised Before Tribunal and No Evidence of Policy Invalidity or Passenger Carriage in Goods Vehicle.

8 Feb 2010

The case arises from a motor accident claim petition filed by the legal representatives of deceased Wamanrao, who died in a road accident on 18 April ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Liable Despite Policy Commencing After Accident Time. Policy effective from 15/06/2006 covers accident on 14/06/2006 at 20:45 hrs as policy commences from midnight, and insurer cannot escape liability under Section 147 of Motor Vehicles Act, 1988.

22 Jun 2017

The case arises from a motor accident claim where the original claimant (since deceased) sought compensation for injuries sustained in a vehicular acc...

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