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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "insurance defence"

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Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Deemed Employee of Owner Covered Under Policy. Loading-unloading labourer travelling with goods is an employee of the owner of goods, not the vehicle owner, but insurer liable under Motor Vehicles Act, 1988.

1 Oct 2018

The appeal was filed by United India Insurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Aurangabad, in MACP ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Tractor Not Insured with Appellant. Discrepancy in Vehicle Registration Number in Insurance Policy and Accident Records Leads to No Liability.

8 Apr 2010

The case arises from a motor accident claim where the son of the claimants, Eknath, died when a tractor turned turtle. The claimants sought compensati...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Held Liable Despite Cheque Dishonour as Policy Not Validly Cancelled. National Insurance Company directed to pay compensation to legal heirs of deceased motorcyclist, with right to recover from owner.

7 Oct 2014

The appeal arises from a motor accident claim where the deceased Rajesh Thapa died due to a collision between his motorcycle and a bus owned by respon...

High Court

Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

29 Sep 2020

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

High Court

Bombay High Court Upholds Pay-and-Recover Direction Against Insurer for Dishonoured Cheque Premium — Insurer Must Pay Third-Party Claimants First Then Recover from Owner. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurer is liable to third parties even if the premium cheque was dishonoured, and the direction to pay first and recover from the owner is valid.

4 Dec 2017

The Oriental Insurance Co. Ltd. appealed against the judgment and award dated 7th November 2008 passed by the Motor Accident Claims Tribunal, Akola in...

High Court

High Court of Bombay at Aurangabad Allows Owner's Appeal in Motor Accident Claim — Insurance Company Held Liable for Death of Goods Owner. The court held that the deceased being the owner of goods travelling in a goods vehicle is covered under the insurance policy and the insurer is liable to indemnify the owner.

24 Jul 2014

The appeal was filed by the owner of a minidoor vehicle against the judgment and award of the Claims Tribunal, Beed, which had exonerated the Insuranc...

Supreme Court

Supreme Court Allows Insurance Company's Appeal Against Liability for Death Claim Due to Heat Stroke. Insurance Policy Strictly Construed to Exclude Natural Deaths and Time-Barred Claims Under Contract Terms Requiring 'External Violent and Visible Means' for Coverage.

8 Feb 2023

The Supreme Court addressed an appeal concerning insurance liability for the death of a police constable during election duty. The appellant insurance...

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...

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