Search Results for "insurance policy breach"

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Search Results for "insurance policy breach"

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High Court

Madras High Court Upholds Insurance Company's Liability in Load Auto Accident — Pay and Recover Principle Applied. The court held that the insurer must compensate the claimant for the death of a minor occupant of a goods vehicle, despite policy violations, and can recover from the owner.

2 Jun 2026

The case arises from a motor accident claim filed by the mother of a deceased minor, Suryaprakash, who died after falling from a load auto on 01.04.20...

Supreme Court

Supreme Court Dismisses LIC's Appeal on Stamp Duty for Insurance Policies in Rajasthan. State Has Legislative Competence Under Concurrent List to Collect Stamp Duty on Insurance Policies, But Relief Granted on Facts.

30 Apr 2024

The Supreme Court considered an appeal by the Life Insurance Corporation of India (LIC) against a judgment of the Rajasthan High Court which upheld th...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% negligent for accident with car, reducing claimants' compensation proportionately under Motor Vehicles Act, 1988.

29 Nov 2023

The case arises from a motor accident claim filed by the legal heirs of Jayant Bagal, who died in a collision between his motorcycle and an Indica car...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Insurance Claim Dispute — Flood Damage Claim Referred to Arbitration Despite Surveyor's Inaction. The court held that the existence of an arbitration clause in the insurance policy mandates referral to arbitration, and the surveyor's failure to finalize the claim does not bar arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov 2022

The applicant, M/s. Mallak Specialities Pvt Ltd., an export company engaged in manufacturing specialty chemicals, held a Standard Fire and Special Per...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Breach of Policy Conditions Established. Insurer failed to prove that driver did not hold valid driving licence at the time of accident; burden of proof lies on insurer under Section 149(2) of Motor Vehicles Act, 1988.

28 Sep 2020

The case involves two appeals filed by the National Insurance Co. Ltd. challenging the judgment and award dated 16.11.2009 passed by the Presiding Off...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Liability Not Fastened as Driver Had No Valid Driving Licence. Owner Failed to Verify Licence Validity, Insurance Company Not Liable but Directed to Pay and Recover Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

19 Jun 2020

The appeal was filed by the Oriental Insurance Company Limited challenging the judgment and award dated 30.06.2012 passed by the Additional Senior Civ...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

20 Jul 2017

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income. Claimants failed to establish income of deceased, leading to reduction of compensation awarded by MACT.

13 Mar 2013

The case involves multiple appeals filed by the Oriental Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, challenging t...

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...

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