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Gujarat High Court Upholds Pay and Recover Order in Motor Accident Claim — Insurance Company Liable to Third Party Despite Policy Breach. Gratuitous Passenger in Goods Vehicle Does Not Exonerate Insurer from Paying Compensation to Claimants.

The appellant, Cholamandalam MS General Insurance Co. Ltd., filed appeals under Section 173 of the Motor Vehicles Act, 1988, against a common judgment...

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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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High Court Allows Appeal in Motor Accident Claim; Sets Aside Finding of Negligence Under Section 163-A of Motor Vehicles Act. Compensation Enhanced as Negligence Defense Not Available in No-Fault Claims Under Section 163-A.

This appeal arose from a claim petition filed by the dependants of a lorry driver who died in a road accident. The deceased, Saleth Raj, was driving h...

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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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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.

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...

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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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High Court of Karnataka Allows Appeal by Insured in Workmen Compensation Case — Employer-Employee Relationship Not Established. Commissioner's Award Set Aside as Claimants Failed to Prove Deceased Was a 'Workman' Under Section 2(1)(n) of the Employees' Compensation Act, 1923.

The appeal was filed by Sri Ajjegowda, the owner of a tractor and trailer, challenging the judgment and award dated 24.02.2016 passed by the Principal...

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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Case — Negligence of Tractor Driver Proved, Compensation Enhanced for Loss of Future Earnings Due to Permanent Disability.

The case involves two appeals arising from a motor accident claim. The claimant, Babanna H. @ Babu, a loader, was injured on 20.03.2013 when the tract...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Case — Negligence of Tractor Driver Proved, Compensation Enhanced for Loss of Future Earnings Due to Permanent Disability.

The case involves two appeals arising from a motor accident claim. The claimant, Babanna H. @ Babu, a loader, was traveling on a tractor-trailer loade...