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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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Bombay High Court Dismisses Writ Petition of Cooperative Society Challenging Rejection of Crop Insurance Claim Due to Non-Payment of Premium. Payment of Premium is Condition Precedent for Insurance Coverage Under National Agricultural Insurance Scheme.

The petitioner, Vivid Karyakari Seva Sahakari Society Limited, a cooperative society, filed a writ petition challenging the rejection of its crop insu...

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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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High Court of Bombay Allows Insurer's Appeal in Part, Setting Aside Direct Liability for Compensation in Motor Accident Claim Due to Breach of Policy Condition. Insurer Established That Driver Lacked Valid Motorcycle Licence, But Directed to First Pay Claimant and Then Recover from Insured and Driver.

The National Insurance Company appealed against the judgment and award of the Motor Accident Claims Tribunal, Panaji, which had granted compensation o...

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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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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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Supreme Court Allows Appeal in Insurance Claim Dispute — Upholds Consumer Fora Orders for Compensation. Ownership of Vehicle Not Transferred Despite Sale Agreement; Insurer Liable to Pay Claim Amount with Interest.

The Supreme Court allowed the appeal filed by Surendra Kumar Bhilawe against The New India Assurance Company Limited, setting aside the National Commi...

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Bombay High Court Dismisses Insurance Company Appeal in Workmen's Compensation Case — Death of Driver During Employment Covered. The Court held that the insurer is liable under the Workmen's Compensation Act, 1923 for a driver's death during employment, even if not caused by vehicle use.

The case involves an appeal by the United India Insurance Company against an award of the Commissioner for Workmen's Compensation at Jalna in W.C.A.No...

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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...