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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 — Deemed Owner Liability Under Section 163-A MV Act. Occupant of Jeep Treated as Third Party; Insurance Company Cannot Avoid Liability on Ground of Policy Exclusion.

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 19.02.2013 passed by the Motor Accident Claims Tri...

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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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Bombay High Court Dismisses Arbitration Application in Insurance Dispute Due to Absence of Arbitration Agreement. No Policy Executed, Risk Cover Note Did Not Incorporate Arbitration Clause.

The applicant, Tainwala Personal Care Products Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Cleaner Not Covered Under Act Policy. Section 147(1)(b) of Motor Vehicles Act, 1988 excludes liability for employees not specifically covered under policy.

The case arises from a motor accident claim where the deceased, Radhakishan Lokhande, was traveling as a cleaner in a tipper bearing registration No. ...

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High Court of Bombay Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Thrown Out of Jeep Due to Rash Driving. Negligence of Driver Proved and Deceased Not a Gratuitous Passenger in a Goods Vehicle, Insurer Liable.

The case arises from a motor accident claim filed by the parents of a deceased 22-year-old man. On 22.12.2008, the deceased was travelling in a jeep o...