Search Results for "insurer defense"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "insurer defense"

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Supreme Court

Supreme Court Partially Dismisses BBMP Appeal in Roadside Tree Accident Case — Municipal Corporation Held Liable for 25% Compensation for Negligence in Tree Maintenance Under Motor Vehicles Act, 1988. The court upheld the apportionment of liability against the municipal corporation for failing to maintain old trees, rejecting the Act of God defense.

1 Jan 2026

The case involves an appeal by the Commissioner, Bruhat Bangalore Mahanagara Palike (BBMP) against the judgment of the Karnataka High Court which awar...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Alleged Breach of Policy Terms. Owner Not Required to Pay Compensation Where Insurance Company Failed to Prove That Vehicle Was Carrying Hazardous Goods at Time of Accident.

4 May 2023

The case arises from a motor accident claim where the appellant, Vijay Arvind Pore, the owner of the offending truck, challenged the order of the Moto...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider. Negligence of Motorcycle Rider Established, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

1 Mar 2023

The case involves an appeal by Reliance General Insurance Company Limited against the award of compensation by the Motor Accident Claims Tribunal. The...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Pillion Rider. Bajaj Allianz General Insurance Company Ltd. v. B. Krishnappa Setty & Others, MFA No. 9140/2010 (MV) - Insurance company appeals against award of Rs. 2,58,000/- for death of pillion rider; court finds contributory negligence and reduces compensation by 50%.

8 Jul 2019

The appeal was filed by the insurance company against the judgment and award dated 09.12.2009 passed by the MACT, Mangalore, in MVC No. 658/2008, awar...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Claimants failed to prove that the accident was caused by the rash and negligent driving of the truck driver under the Motor Vehicles Act, 1988.

4 Jul 2017

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Tribunal's finding of rash and negligent driving by truck driver set aside as claimants failed to prove that the accident involved the insured truck.

4 Jul 2017

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Held that when a motorcyclist without a helmet collides with a stationary tractor-trolley, contributory negligence must be assessed and compensation reduced proportionately under the Motor Vehicles Act, 1988.

2 May 2016

The case arises from a motor accident claim filed by the legal representatives of a deceased motorcyclist who died in a collision with a stationary tr...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Motorcyclist — Deceased Pillion Rider's Death Caused by Rash Driving, Tribunal Erred in Dismissing Claim on Ground of No Negligence. The court held that in a single-vehicle accident involving a pillion rider, the burden to explain the accident lies on the rider, and failure to do so leads to an inference of negligence against the rider under Section 166 of the Motor Vehicles Act, 1988.

5 Sep 2014

The case pertains to a motor accident claim filed by the legal heirs of Josepha Fernandes @ Josepha Da Silva, who died in a motorcycle accident on 17....

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