Search Results for "insurance policy breach"

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Search Results for "insurance policy breach"

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High Court

High Court of Gujarat Enhances Compensation and Fastens Liability on Insurer in Motor Accident Claim — Breach of Policy Condition Not Proved by Insurance Company. The court held that the insurer failed to discharge its burden of proving breach of policy condition under the Motor Vehicles Act, 1988, and enhanced compensation for grievous injuries sustained by a pillion rider.

18 Feb 2026

The appellant, Patel Hareshbhai Ambalal, was the original claimant in a motor accident claim petition arising out of an accident that occurred on 15.1...

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...

Supreme Court

Supreme Court Upholds National Commission's Decision in Insurance Claim Dispute Based on Surveyor's Report. Compensation Confined to Surveyor's Assessment Under Section 64UM(2) of Insurance Act, 1938 Due to Discrepancies in Appellant's Stock Records and Use of Volumetric Analysis.

28 Sep 2021

The Supreme Court of India heard a civil appeal arising from a judgment of the National Consumer Disputes Redressal Commission. The appellant, Khatema...

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 Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged Breach of Policy Condition. No Evidence of Hire or Reward for Vehicle Carrying Marriage Party, Hence No Breach of Insurance Policy Terms.

22 Jan 2015

The case arises from a motor accident claim where the deceased Sudam died in an accident involving a matador owned by respondent no.3 and insured with...

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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