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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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High Court of Karnataka Allows Claimant's Appeal for Enhanced Compensation and Owner's Appeal Against Liability in Motor Accident Case — Negligence of Driver Proved, Owner Liable for Compensation.

The case involves two appeals arising from a common judgment and award dated 27.12.2010 passed by the Motor Accidents Claims Tribunal & Fast Track Cou...

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Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Cases — Upholds Compensation for Death of Pillion Rider and Injuries to Others. Held that insurer is liable to pay compensation as the vehicle was insured and the accident occurred due to rash and negligent driving.

The case involves three first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against the common judgment and award of the Motor Accident Cl...

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Bombay High Court Allows Insurance Company to Recover Compensation Paid Under Motor Vehicle Act Despite Policy Breach — Insurer Can Be Directed to Pay Third Parties but Has Right to Recover from Owner for Violation of Policy Conditions.

The case involves three first appeals filed by United India Insurance Company Limited against the judgment and award of the Motor Accident Claims Trib...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

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High Court of Bombay at Aurangabad Dismisses Appeals by Insurance Company and Owner in Motor Accident Claim — Negligence of Driver Upheld. Compensation Award of Rs. 7,50,000 Confirmed Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of Balkrushna Khandagale, who died in a collision between a motorcycle ...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...