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Bombay High Court Allows Appeals in Motor Accident Claims, Holds Insurance Company Liable Despite Breach of Policy Conditions. The court directed pay and recover from the owner for violation of permit conditions, relying on Section 149 of the Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on an unspecified date, involving a vehicle owned by Shrihari s/o Kalyanrao Parkale (respondent No...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. The court held that the insurer failed to prove that the driver lacked a valid driving license, and thus the award of compensation was upheld.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Ramji Bhoyar, who died in a head-on collision ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer's Liability to Third Parties Not Affected by Violation of Permit Conditions Under Section 149(2) of Motor Vehicles Act, 1988.

The case involves two appeals filed by Oriental Insurance Company Limited against the judgment and award passed by the Motor Accident Claims Tribunal ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Third-Party Liability. Insurer Directed to Pay Compensation and Recover from Owner as Driver Lacked Valid Licence Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Karbhari Shinde, sustained serious injuries resulting in amputation of his left leg af...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Alleged Breach of Policy Terms. Owner Not Required to Pay Compensation Where Insurance Company Failed to Prove That Vehicle Was Carrying Hazardous Goods at Time of Accident.

The case arises from a motor accident claim where the appellant, Vijay Arvind Pore, the owner of the offending truck, challenged the order of the Moto...

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High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation as Vehicle Was Not Involved in Accident. Claimant Failed to Prove Involvement of Insured Vehicle in Accident, Hence Insurer's Liability Cannot Be Fastened Under Motor Vehicles Act, 1988.

The appeal was filed by the Oriental Insurance Co. Ltd. (the insurer) challenging the judgment and award dated 04.04.2016 passed by the XVI Additional...

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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.

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...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

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High Court of Bombay Dismisses Insurer's Appeal in Fire Insurance Claim — Insured Entitled to Full Sum Insured. Insurer's Allegation of Suppression of Previous Fire Incident Fails as Policy Was Reinstated with Knowledge.

The respondent, M/s Manisha Enterprises, a proprietary concern, obtained a fire insurance policy from the appellant, United India Insurance Co. Ltd., ...