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Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...

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Gujarat High Court Allows Appeal in Workmen Compensation Case — Employer Not Liable for Accident Caused by Employee's Own Negligence. The court held that the accident did not arise out of and in the course of employment as the deceased driver was not on duty at the time of the accident.

The present First Appeal was filed by the original defendant, Faridaben Naruddinbhai Jambughodawala, challenging the judgment and award dated 20.10.20...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Supreme Court Allows Appeal in Insurance Claim Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

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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.

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

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Bombay High Court Quashes Summoning of Insurance Company Employees for Election Duties. Government Company Not a Local Authority Under Section 29 of Representation of the People Act, 1950.

The petitioner, The Oriental Insurance Company Limited, a Government company registered under the Indian Companies Act, 1913, filed a writ petition ch...

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Supreme Court Allows Insured's Appeal in Fire Insurance Claim Dispute, Overturning Repudiation Based on Technical Breach. Insurance Company Directed to Pay Assessed Loss with Interest as Surveyor's Report Established Claim Validity Despite Alleged Document Non-Submission Under Policy Condition 6(b).

The appeal arose from a fire insurance claim dispute where the National Consumer Disputes Redressal Commission had affirmed the insurance company's re...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Supreme Court Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...