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Search Results for "insurance defence"

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High Court

High Court of Karnataka Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Injured Claimants. Negligence of Driver Established, Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

6 Sep 2018

The case involves three appeals filed by Bajaj Allianz General Insurance Co. Ltd. against separate awards of the Motor Accident Claims Tribunal, Bella...

High Court

Bombay High Court Dismisses Insurance Company Appeals in Motor Accident Claims — Upholds Compensation Awards for Third-Party Deaths and Injuries. Insurer's Liability Under Motor Vehicles Act, 1988 Cannot Be Avoided on Grounds of Breach of Policy Conditions Without Evidence of Contributory Negligence or Wilful Default.

30 Nov -0001

The judgment involves three first appeals filed by United India Insurance Co. Ltd. against awards of compensation passed by Motor Accident Claims Trib...

High Court

Bombay High Court Dismisses Insurance Company's Appeal on Quantum in Motor Accident Claim — Insurer Cannot Challenge Quantum Without Leave Under Section 170 of Motor Vehicles Act, 1988. Leave Under Section 170 Cannot Be Granted for the First Time in Appeal When Insurer Failed to Seek It Before the Tribunal.

29 Apr 2011

The case involves an appeal by United India Assurance Co. Ltd., the insurer, against the judgment and award of the Motor Accident Claims Tribunal, Ali...

High Court

Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

22 Dec 2014

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Alleged Invalid Driving Licence. The court held that the Insurance Company must pay the awarded amount to the claimants and may recover it from the owner if the driver's licence was invalid, protecting third-party rights under Section 149 of the Motor Vehicles Act, 1988.

3 Oct 2016

The appeal arises from a judgment of the Motor Accidents Claim Tribunal, Nashik, in MACP No.257 of 1991, awarding compensation to the claimants, the w...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

9 Aug 2018

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

High Court

High Court of Bombay at Nagpur Upholds Interim Compensation Award in Motor Accident Claim — Insurance Company Liable to Pay Rs.50,000 Under Section 140 of Motor Vehicles Act, 1988 Despite Alleged Breach of Policy Conditions. The court held that Section 140 provides for no-fault liability and the insurer cannot avoid interim compensation on grounds of breach of policy conditions.

20 Aug 2015

The appeal was filed by the Insurance Company, HDFC Ergo General Insurance Co. Ltd., challenging the order dated 8.7.2014 passed by the Motor Accident...

High Court

Bombay High Court Upholds MACT Award in Motor Accident Claim Despite Insurance Company's Breach of Policy Conditions Defense. Insurer Liable to Pay Compensation to Third Party Victims with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

5 Jul 2006

The case arises from a motor accident that occurred on 5th May 2003, when a Dumper knocked down Farida Shabbir, who was proceeding on her scooter, res...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Pillion Rider Not Covered Under Section 147 of Motor Vehicles Act, 1988. The court held that a pillion rider on a motorcycle is not a 'third party' and is not covered under the insurance policy unless additional premium is paid for a personal accident cover.

22 Dec 2022

The case involves an appeal by Iffco Tokio General Insurance Company Ltd. against the judgment and award dated 21st May 2013 passed by the Motor Accid...

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