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Bombay High Court Dismisses Insurance Company's Appeal in Employee's Compensation Case — Insurer Liable Despite Dishonoured Premium Cheque. Third-Party Compensation Upheld as Insurer Failed to Prove Policy Cancellation Before Accident Under Employee's Compensation Act, 1923.

The case arises from a claim under the Employee's Compensation Act, 1923, filed by the dependents of deceased Kishor Shende, who died in a motor vehic...

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Madras High Court Upholds Insurance Company's Liability in Load Auto Accident — Pay and Recover Principle Applied. The court held that the insurer must compensate the claimant for the death of a minor occupant of a goods vehicle, despite policy violations, and can recover from the owner.

The case arises from a motor accident claim filed by the mother of a deceased minor, Suryaprakash, who died after falling from a load auto on 01.04.20...

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Supreme Court Dismisses Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Material Facts. Non-disclosure of existing life insurance policies at the time of proposal constitutes material suppression, entitling insurer to repudiate claim under Section 45 of the Insurance Act, 1938.

The present appeal arises from an order dated 28.05.2019 of the National Consumer Disputes Redressal Commission, New Delhi, dismissing the appellant's...

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Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

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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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Bombay High Court Dismisses Petition Challenging ESI Circular for Construction Workers. Circular extending ESI Scheme to construction site workers held valid under Employees' State Insurance Act, 1948.

The petitioners, Confederation of Real Estate Developers' Association of India (CREDAI) and two real estate firms, challenged a Circular dated 31st Ju...