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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Pay and Recover Order Set Aside Due to Fundamental Breach of Policy. Driver Without Valid Driving Licence Constitutes Fundamental Breach, Exonerating Insurer from Liability Under Motor Vehicles Act, 1988.

The present appeal was preferred by Bajaj General Insurance Co. Ltd. (formerly Bajaj Allianz General Insurance Co. Ltd.) against the judgment and awar...

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High Court Allows Appeal in Motor Accident Claim; Sets Aside Finding of Negligence Under Section 163-A of Motor Vehicles Act. Compensation Enhanced as Negligence Defense Not Available in No-Fault Claims Under Section 163-A.

This appeal arose from a claim petition filed by the dependants of a lorry driver who died in a road accident. The deceased, Saleth Raj, was driving h...

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Bombay High Court Allows Appeal in Motor Accident Claim for Businessman with 50% Disability. Compensation enhanced from Rs. 3,50,000 to Rs. 9,27,000 by applying correct multiplier of 18, adding future prospects, and not deducting personal expenses.

The appellant, Ramchand Kishnani, a businessman aged 42, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensatio...

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Supreme Court Restores Full Compensation in Bank Deficiency of Service Case — Insurance Claim Denied Due to Bank's Failure to Forward Premium. Concurrent findings of deficiency of service upheld; reduction of compensation from Rs 5 lakhs to Rs 2 lakhs by NCDRC set aside.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 25 October 2018, which reduced the compensation ...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Allows Cross-Objection for Enhanced Compensation in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased, and Claimants Entitled to Higher Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2015 at about 9.30 p.m. near Jafarwadi village, Belagavi. The deceased, one Manjunath, wa...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Policy Cancelled Due to Cheque Dishonour Prior to Accident. Insurer Not Liable as No Contract of Insurance Existed When Accident Occurred, Section 64VB of Insurance Act, 1938.

The present appeal is filed by the National Insurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Wardha in Claim Petition No...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case — Insurance Company Held Liable Despite Alleged License Violation. Owner's Failure to Produce Driving License Does Not Absolve Insurer from Third-Party Liability Under Section 149(2) of Motor Vehicles Act, 1988.

The appellant, C. Balakrishna, was injured in a motor vehicle accident on 26-1-2004 while riding a motorcycle on Bangalore-Sarjapura road, when a TVS ...

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High Court of Bombay at Goa Allows Appeal by Insurance Company in Motor Accident Claim — Policy Exclusion for Pillion Rider Upheld. Insurer Not Liable for Death of Pillion Rider on Scooter Not Covered Under Third Party Insurance Policy.

The case arises from a motor accident claim petition filed by the legal representatives of a deceased pillion rider. The deceased was riding as a pill...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Third-Party Liability. Insurer Directed to Pay Compensation and Recover from Owner as Driver Lacked Valid Licence Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Karbhari Shinde, sustained serious injuries resulting in amputation of his left leg af...