Search Results for "insurer's appeal"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "insurer's appeal"

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High Court

High Court of Karnataka Dismisses Insurer's Appeal in Employee's Compensation Case — Employer-Employee Relationship and Death in Course of Employment Upheld. Compensation Award of Rs.8,90,480/- with 12% Interest Confirmed Under Employee's Compensation Act, 1923.

23 Feb 2024

The case involves an appeal by Tata AIG General Insurance Co. Ltd. against the judgment and award dated 03.03.2016 passed by the XXI Additional Small ...

High Court

High Court of Karnataka Quashes Insurance Ombudsman Award in Health Insurance Claim Dispute — Repudiation of Claim for Non-Disclosure of Pre-Existing Disease Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Pre-Existing Condition at Time of Policy Inception Under Section 45 of Insurance Act, 1938.

21 Oct 2022

The petitioners, Mrs. Jaya Elizabeth Mathew and Mr. Preneesh Oommen, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Spontaneous Combustion Loss — Holds That Appointment of Surveyor Without Caveat Constitutes Waiver of Condition Regarding Timely Intimation. The Court remanded the matter to NCDRC for fresh consideration on merits, finding that the insurer waived its right to raise the defence of delayed intimation by appointing a surveyor and not mentioning the delay in the repudiation letter.

13 Dec 2019

The appellant, Saurashtra Chemicals Ltd. (now Saurashtra Chemicals Division of Nirma Ltd.), purchased a standard fire and special perils policy from t...

Supreme Court

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.

31 Jul 2019

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

High Court

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.

20 Jul 2017

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...

High Court

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.

22 Dec 2014

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...

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 Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Were Gratuitous Passengers in Goods Vehicle, Not Covered Under Insurance Policy. The court held that under Section 95 of the Motor Vehicles Act, 1939, an insurance policy for a goods vehicle does not cover passengers carried for hire or reward, and the deceased were not employees of the owner, thus the insurer is not liable.

12 Mar 2010

The case involves two appeals filed by the United India Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal. The accident occu...

High Court

Bombay High Court Allows Insurance Company's Petition to Set Aside Ex-Parte Award in Motor Accident Claim — Insurer's Right to Cross-Examine Witnesses Denied by Tribunal Constitutes Violation of Natural Justice. The court held that the Tribunal's ex-parte award without granting opportunity to cross-examine violates principles of natural justice under the Motor Vehicles Act, 1988.

30 Nov -0001

The case involves two writ petitions filed by Bajaj Allianz General Insurance Co. Ltd. challenging the orders of the Motor Accident Claims Tribunal, N...

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