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Bombay High Court Dismisses Insurer's Challenge to Insurance Ombudsman Award in Health Insurance Claim Dispute. Court upheld the Ombudsman's jurisdiction and award of Rs.27,13,582/- for medical expenses, rejecting the insurer's arguments on partial repudiation and policy validity.

The case involves a dispute between Bharat Hirji Dedhia (the insured) and Oriental Insurance Company Ltd. (the insurer) regarding a health insurance p...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Proved by Charge-Sheet and Income Assessed Notionally. The Court upheld the Tribunal's award of Rs. 7,92,000 to the dependents of the deceased, finding no error in the assessment of negligence or income.

The appeal arises from a motor accident claim where the deceased, Rajeshwar, died in a vehicular accident on 27 January 2015. The claimants, being his...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Dismisses Hospital's Appeal Against NCDRC Order Exonerating Insurer in Medical Negligence Case. Insurance Policies Taken by Doctors Cannot Be Used to Fasten Liability on Insurer for Hospital's Own Negligence.

The appellant, M/s Sheth M L Vaduwala Eye Hospital, a charitable trust registered under the Bombay Public Trust Act, 1961, conducted an eye camp betwe...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims — Tractor Owner Liable for Negligence Despite Driver's License. Insurer can recover compensation from owner if vehicle was driven without valid license, but third-party claimants entitled to payment.

The case involves four first appeals arising from motor accident claims. The accident occurred when a tractor driven by Dipak Kawale, owned by Praful ...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable for Own Vehicle Accident Without Third Party Involvement. The court upheld the Tribunal's award of compensation to the mother of the deceased rider, finding no error in the decision.

The case involves an appeal filed by the United India Insurance Company Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, against the judgmen...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case — Reduces Compensation for Bullock Cart Owner Due to Contributory Negligence. Claimant's contributory negligence established as bullock cart was parked on highway without lights, violating Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 28.08.2007 on Harihar-Shimoga Road near Bannikodu cross. The appellant, Thyagaraj, was ...

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Bombay High Court Dismisses Insurance Company's Appeal for Lack of Permission Under Section 170 of Motor Vehicles Act, 1988. Insurer Cannot Challenge Award on Merits Without Tribunal's Satisfaction of Collusion or Non-Contest by Owner.

The case involves an appeal filed by the Oriental Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Raigad at Alibag dated ...