Search Results for "Breach of Policy Conditions"

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Search Results for "Breach of Policy Conditions"

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High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Conditions. The court held that the insurer must prove that the driver did not have a valid driving license by adducing cogent evidence, and mere allegations are insufficient to avoid liability under Section 173(1) of the Motor Vehicles Act, 1988.

28 Jun 2021

The case involves an appeal filed by United India Insurance Co. Ltd. against the judgment and award dated 26.08.2009 passed by the Additional District...

High Court

High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

17 Dec 2019

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Son Driving Father's Car Without Valid Licence Not a Third Party Under Section 163-A of Motor Vehicles Act, 1988. Claimant Mother Not Entitled to Compensation as Deceased Was Owner's Son and Not a Third Party, and Driving Without Licence Breached Policy Conditions.

18 Nov 2019

The present appeal was filed by the insurance company, Royal Sundaram Alliance Insurance Co. Ltd., challenging the judgment and award dated 31.03.2015...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer's Liability to Third Parties Not Affected by Violation of Permit Conditions Under Section 149(2) of Motor Vehicles Act, 1988.

7 Nov 2019

The case involves two appeals filed by Oriental Insurance Company Limited against the judgment and award passed by the Motor Accident Claims Tribunal ...

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 Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable for Death of Gratuitous Passenger. The court held that the insurer failed to prove breach of policy conditions and upheld the Tribunal's assessment of the deceased housewife's income at Rs. 6,000 per month.

5 Nov 2019

The present appeal was filed by the New India Assurance Company Limited, the original respondent in a motor accident claim petition, challenging the j...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Bus Driver Proved, No Breach of Policy Conditions. The court upheld the award of compensation to the legal heirs of the deceased, finding that the bus driver was negligent and the insurance company failed to prove any breach of policy conditions.

24 Sep 2019

The present appeal was filed by The New India Assurance Company Ltd. against the judgment of the Motor Accident Claims Tribunal, Amravati, dated 2nd M...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Third-Party Injuries. Insurer's Liability Under Section 147 of Motor Vehicles Act, 1988 Cannot Be Avoided on Ground of Breach of Policy Conditions Without Evidence of Wilful Default.

24 Sep 2019

The New India Assurance Company Ltd. filed three appeals against a common judgment of the Motor Accident Claims Tribunal awarding compensation to thre...

High Court

Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

24 Sep 2019

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

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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