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Search Results for "insurance policy breach"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Directed to Pay and Recover from Owner for Third-Party Injuries Despite Unlicensed Driver. The court held that the insurance company must first satisfy the award to a third-party claimant and then recover the amount from the owner, following the principle in National Insurance Company Ltd. Vs. Swaran Singh & Ors.

20 Jan 2026

The appellant, Satishbhai Natubhai Baria, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award d...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Partially Allows Claimants' Appeal in Motor Accident Compensation Case — Negligence of Driver and Owner Established, But Tribunal Erred in Computing Income and Applying Multiplier.

19 Sep 2024

The case arises from a motor accident claim petition filed by the legal representatives of Nandishappa, who died in a road accident on 20.07.2013. The...

High Court

High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No. 9207/2013. The court increased the notional income, disability percentage, and awarded future prospects, resulting in enhanced compensation of Rs. 5,00,000/-.

2 Dec 2022

The appellant, Sri Basavaraja Beerappa Kambali, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and awa...

High Court

High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Appellants Not Liable as Deceased Was the Rider, Not Pillion. The court held that the owner and driver of the motorcycle are not liable for compensation when the deceased himself was driving the vehicle and no negligence was proved against the appellants.

26 Jul 2022

The present appeal was filed by the appellants challenging the judgment and award passed by the Chairman, Motor Accident Claims Tribunal, Nagpur in Cl...

High Court

High Court of Bombay at Nagpur Allows Owner's Appeal in Motor Accident Claim — Insurance Company Liable Despite Vehicle Used for Hire or Reward. Breach of Policy Condition Not Fundamental as Vehicle Was a 'Tempo Trax' Used for Occasional Conveyance of Passengers, Not a Goods Carriage.

13 Dec 2019

The case involves two appeals filed by the owner of a Tempo Trax (vehicle No. MH-31/G-6545) against awards passed by the Motor Accident Claims Tribuna...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Insured Vehicle Driver Proved. Insurance Company Liable to Pay Compensation as No Breach of Policy Conditions Established.

7 Nov 2019

The case arises from a motor accident claim filed by the heirs of Ganesh Vinayak Gavhane, who died in a collision on 15 June 2012. The deceased was a ...

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 Dismisses Insurance Company's Appeal in Motor Accident Claim Under Section 163-A MV Act — Insurer Liable Despite Alleged Licence Violation. Claim under Section 163-A is no-fault liability; insurer cannot avoid payment on ground of driver lacking licence.

29 Jan 2014

The case arises from a claim petition under Section 163-A of the Motor Vehicles Act, 1988 filed by the legal representatives of Babasaheb Wankhede, wh...

High Court

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.

30 Jun 2010

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

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Owner and Insurer Jointly Liable for Compensation. Tribunal's apportionment of liability between owner and insurer set aside; insurer directed to pay entire compensation with right to recover from owner due to breach of policy conditions.

12 Dec 2005

This judgment arises from three appeals against a common order dated 31/3/1987 passed by the Motor Accident Claims Tribunal. The appeals were filed by...

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