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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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Bombay High Court Grants Interim Injunction Against Defendant in Trademark Infringement and Passing Off Suit — Use of 'KATARIA INSURANCE' Held Deceptively Similar to Plaintiff's Registered Marks 'KATARIA' and 'KATARIA INSURANCE CONSULTANCY' Under Trade Marks Act, 1999.

The plaintiff, Bhavesh Suresh Kataria, proprietor of Kataria Jewellery Insurance Consultancy, filed a suit for trademark infringement and passing off ...

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High Court of Karnataka Upholds Compensation in Workmen's Compensation Case — Insurance Company Liable for Death of Employee in Motor Vehicle Accident. Employer-Employee Relationship Established Through Consistent Employment and Wages, Making Employer Liable Under Workmen's Compensation Act, 1923.

The appeal was filed by the Insurance Company challenging the judgment and award dated 23.01.2017 passed by the II Additional Senior Civil Judge and M...

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Bombay High Court Allows Appeal of Legal Representatives in Motor Accident Claim — Insurer Liable Under Personal Accident Cover for Owner-Driver. Section 163-A of Motor Vehicles Act, 1988 does not bar claim for personal accident cover when insured dies while driving own vehicle.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 6th February 2020, which dismissed a claim petition filed by th...

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High Court of Karnataka Allows Appeal by Union of India in Postal Life Insurance Claim Dispute — Policy Lapsed Due to Non-Payment of Premiums Before Death. The plaintiff failed to prove that the policy was in force at the time of the insured's death, as required under the Postal Life Insurance Rules.

The respondent, Smt. B.M. Uma, filed a suit for recovery of Rs.60,000/- with interest against the Union of India and the Chief Post Master General, cl...

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Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...