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Bombay High Court Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable Despite Alleged Breach of Policy Conditions. Joint and several liability of driver, owner, and insurer upheld as insurer failed to prove willful breach of policy terms.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, who died in a road accident on 28 June 2006 i...

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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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WRIT PETITION NO. 12656 OF 2023

The writ petition under Article 227 of the Constitution of India was filed by Reliance General Insurance Company Ltd. against the order dated 31 July ...

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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 of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimant. Driver's License Found Fake but Insurance Company Failed to Prove Owner's Knowledge or Negligence in Verification.

The case arises from a motor accident that occurred on 02.01.2015 when the original claimant, Sanjaybhai Vallabhbhai Mistri, was riding his motorcycle...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Pay and Recover Order Against Owner Upheld. Insurer Directed to Pay Compensation to Claimants and Recover from Owner Due to Breach of Policy Conditions.

The appeal was filed by the United India Insurance Company Ltd. challenging the Judgment and Award dated 28.08.2017 passed by the Motor Accident Claim...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. The court held that the insurer failed to prove that the driver lacked a valid driving license, and thus the award of compensation was upheld.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Ramji Bhoyar, who died in a head-on collision ...