Search Results for "insurer's challenge"

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Search Results for "insurer's challenge"

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High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court apportioned liability at 50% contributory negligence for a pedestrian crossing without care and reduced compensation for a pillion rider due to absence of income proof.

8 Jul 2025

The judgment involves two appeals filed by the same insurance company, M/s Tata AIG General Insurance Company Ltd, against separate awards of the Moto...

High Court

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.

3 Jul 2025

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...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

5 Feb 2021

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

5 Mar 2018

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

High Court

Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

29 Jun 2017

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

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...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Compensation Case — Reduces Compensation from Rs.6,26,000 to Rs.5,76,000 with Modified Interest Rate. The court held that for death of a minor, multiplier of 15 and notional income of Rs.30,000 per annum are appropriate, and no contributory negligence can be attributed to a child.

12 Jul 2016

The case involves two appeals arising from a motor accident claim petition. The accident occurred on 20.12.2009 when a 9-year-old boy named Manjunatha...

High Court

High Court of Karnataka Partly Allows Claimants' Appeal and Dismisses Insurance Company's Appeal in Motor Accident Compensation Case — Multiplier Corrected from 13 to 14, Future Prospects Added, and Compensation Enhanced. Deceased was a 25-year-old bachelor; Tribunal's award modified to Rs.7,86,000/- with 6% interest.

12 Jul 2016

The case involves two appeals arising from a motor accident claim. The accident occurred on 20.06.2010 when a lorry bearing No. KA-17-A-6478 hit a ped...

High Court

Bombay High Court Allows Writ Petition Against Eviction Notice Under Public Premises Act — Tenant's Rights Upheld. The Court held that premises owned by a nationalised company not taken over by the Central Government are not 'public premises' under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction notice was invalid.

7 Jun 2010

The petitioner, Dr. Suhas H. Pophale, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order of the P...

High Court

Bombay High Court Dismisses Insurance Company Appeals in Motor Accident Claims — Upholds Compensation Awards for Third-Party Deaths and Injuries. Insurer's Liability Under Motor Vehicles Act, 1988 Cannot Be Avoided on Grounds of Breach of Policy Conditions Without Evidence of Contributory Negligence or Wilful Default.

30 Nov -0001

The judgment involves three first appeals filed by United India Insurance Co. Ltd. against awards of compensation passed by Motor Accident Claims Trib...

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