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High Court of Karnataka Dismisses Owner's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim — Invalid Driving Licence Leads to Pay and Recover Order. Compensation Enhanced from Rs.5,52,000 to Rs.7,52,000 with Multiplier of 16 and 50% Deduction for Personal Expenses.

The case involves two appeals arising from a motor accident claim. The accident occurred on 22.05.2011 when a Mahindra Jeep bearing registration No.KA...

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High Court of Karnataka Quashes Insurance Ombudsman Award for Violation of Natural Justice — Employer Not Heard Before Award. Group Personal Accident Policy Claim Decided Without Notice to Employer, Award Set Aside and Remitted for Fresh Hearing.

The petitioner, M/s. Toyota Kirloskar Motor Pvt. Ltd., is a company engaged in the manufacture of motor vehicles. It had contracted a 'Group Personal ...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Negligence of Driver Proved, Insurance Company Liable to Pay. Deceased was a 42-year-old businessman earning Rs. 15,000 per month; Tribunal's assessment of income and multiplier upheld.

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Bhoom, in M.A.C.P. No.7...

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Bombay High Court Dismisses Insurer's Appeals Challenging Pay and Recover Directions in Motor Accident Claims. Tribunal Has Jurisdiction Under Section 168 of Motor Vehicles Act, 1988 to Direct Insurer to Pay Compensation and Recover from Owner Even When Insurer Not Liable.

The judgment concerns two first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against awards of the Motor Accident Claims Tribunal. In bot...

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Bombay High Court Allows Appeal Against Insurer in Goods Vehicle Passenger Death Case — Hirer Travelling with Goods Deemed Passenger Under Section 166 Motor Vehicles Act, 1939. Division Bench Precedent on Risk Coverage for Hirer Travelling with Goods Followed.

The appellants, legal heirs of Shankar Laxman Barve, filed a claim petition under Section 166 of the Motor Vehicles Act, 1939, seeking compensation fo...