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Search Results for "insurance policy breach"

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High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988.

7 Apr 2026

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sa...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claim for Deceased Passenger — Negligence of Driver Proved, Future Prospects and Consortium Awarded. The court held that the Tribunal erred in not adding future prospects and in awarding inadequate consortium, enhancing total compensation from Rs. 4,17,500/- to Rs. 5,80,400/- under the Motor Vehicles Act, 1988.

5 Jan 2026

The present appeal arises from a judgment and award dated 30.03.2016 passed by the Motor Accident Claims Tribunal (Aux.), Bhuj at Kuchchh, in M.A.C.P....

High Court

Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Deduction for Personal Expenses from 1/3rd to 2/3rd for Earning Spouse. Court holds that where both spouses are earning and living together without children, the appropriate deduction for personal expenses is 2/3rd of the deceased's income, not 1/3rd.

1 Oct 2024

The New India Assurance Co. Ltd. appealed against the Judgment and Award dated 23.12.2021 passed by the Motor Accident Claims Tribunal, Alibaug in MAC...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Deceased Teacher's Income Reassessed with Future Prospects and Multiplier. The Court held that the Tribunal erred in not granting future prospects and enhanced compensation from Rs. 5,50,000 to Rs. 10,50,000 under Section 166 of the Motor Vehicles Act, 1988.

1 Feb 2023

The appellants, original claimants, filed an appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Amravati, for t...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

26 Jun 2020

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

High Court

High Court Appoints Sole Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration Act — Petitioner's Request Granted as Disputes Fall Within Arbitration Clause. The court held that the existence of an arbitration clause in the contract agreement dated 12.02.2010 and the failure of the respondents to appoint an arbitrator justified the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

2 Jan 2019

The petitioner, M/s Shri. Narasimhaswami Constructions, a partnership firm, filed a Civil Miscellaneous Petition under Section 11(6) of the Arbitratio...

High Court

High Court Allows Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 for Appointment of Sole Arbitrator in Railway Contract Dispute. Court Appoints Retired Judge as Arbitrator After Respondents Failed to Appoint Arbitrator Despite Invocation of Arbitration Clause.

2 Jan 2019

The petitioner, M/s Shri. Narasimhaswami Constructions, a partnership firm, entered into a contract agreement with the respondents, the South Western ...

High Court

High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased Was a Gratuitous Passenger, Not a Fare-Paying Passenger, Hence Insurance Company Liable to Pay Compensation. The court upheld the tribunal's award of Rs.4,15,571/- with interest at 6% per annum for the death of a gratuitous passenger in a jeep accident.

25 Jul 2017

The appellant, New India Assurance Company Limited, challenged the judgment and order dated 28.2.2006 passed by the Motor Accident Claims Tribunal, Ak...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Vehicle Accident Case — Insurance Company Held Liable to Pay Compensation Despite Alleged Breach of Policy Conditions. The court held that the insurance company failed to prove that the owner had knowledge of the driver's lack of valid driving license, thus the insurance company is liable to pay compensation.

26 Feb 2015

The appellant, owner of an autorickshaw, challenged the judgment and award of the Additional MACT, Yadgir, which directed him to pay compensation of R...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was a pillion rider on a motorcycle driven by a third party, the insurer of the offending vehicle is liable only to the extent of its insured's negligence, and contributory negligence must be apportioned.

30 Nov -0001

The case arises from a motor accident claim filed by the legal representatives of a deceased person who died in a road accident. The deceased was a pi...

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