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Search Results for "insurer's duty"

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High Court

High Court of Karnataka Quashes Insurance Ombudsman Award in Health Insurance Claim Dispute — Repudiation of Claim for Non-Disclosure of Pre-Existing Disease Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Pre-Existing Condition at Time of Policy Inception Under Section 45 of Insurance Act, 1938.

21 Oct 2022

The petitioners, Mrs. Jaya Elizabeth Mathew and Mr. Preneesh Oommen, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

Karnataka High Court Allows Insurance Company's Appeal and Dismisses Claimant's Cross-Objection in Motor Accident Claim — Vehicle Not Involved in Accident and Lacked Fitness Certificate. The court held that the claimant failed to prove the involvement of the offending vehicle and that the vehicle lacked a valid fitness certificate, disentitling the claimant to compensation.

6 Nov 2020

The case involves two connected matters: an appeal by the Insurance Company (MFA No.201596/2016) challenging the judgment and award dated 16.06.2016 p...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

31 Jul 2019

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

1 Apr 2019

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

High Court

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.

20 Jul 2017

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...

High Court

High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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 Allows Insurance Company's Petition to Set Aside Ex-Parte Award in Motor Accident Claim — Insurer's Right to Cross-Examine Witnesses Denied by Tribunal Constitutes Violation of Natural Justice. The court held that the Tribunal's ex-parte award without granting opportunity to cross-examine violates principles of natural justice under the Motor Vehicles Act, 1988.

30 Nov -0001

The case involves two writ petitions filed by Bajaj Allianz General Insurance Co. Ltd. challenging the orders of the Motor Accident Claims Tribunal, N...

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