Search Results for "third party risk"

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Search Results for "third party risk"

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High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider. Insurer Liable as Policy Covered Pillion Rider Risk Under Section 147 of Motor Vehicles Act, 1988.

30 Sep 2022

The appeal was filed by the United India Insurance Co., Ltd. challenging the judgment and award dated 05.02.2011 passed by the II Additional District ...

High Court

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Investment Dispute — Rejects Bias Challenge Based on Non-Disclosure. Failure to disclose by arbitrator does not automatically render award contrary to public policy under Section 48(2)(b) of Arbitration and Conciliation Act, 1996; respondents waived objection by participating in arbitration without raising issue.

25 Apr 2023

The petitioner, HSBC PI Holdings (Mauritius) Limited, sought enforcement of a foreign arbitral award against the respondents, Avitel Post Studioz Limi...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Gratuitous Passenger in Goods Vehicle Covered Under Third-Party Policy. The court held that the insurer is liable to pay compensation to the legal representatives of a deceased who was a gratuitous passenger in a goods vehicle, as the policy covers third-party risks under the Motor Vehicles Act, 1988.

4 Sep 2017

The case arises from a motor accident claim petition filed by the legal representatives of Ankush Buche, who died in a road accident on 22.4.2007. The...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The court held that the deceased, traveling as an unauthorized passenger in a tractor-trailor, contributed to the accident by sitting on the mudguard, reducing the insurer's liability.

28 May 2021

The appeal was filed by The New India Assurance Co. Ltd. challenging the judgment and award dated 22.05.2006 passed by the Additional Civil Judge and ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Holds that Taking Insurance Policy for Commercial Premises is for Commercial Purpose, Excluding Complainant from Definition of 'Consumer' Under Consumer Protection Act, 1986. The Court ruled that a commercial entity taking fire insurance policy for its business premises is not a 'consumer' under Section 2(1)(d) of the Act, as the policy is taken for commercial purpose.

13 Apr 2023

The present appeals by special leave assail the judgment and order dated 3rd December, 2004 of the National Consumer Disputes Redressal Commission (Na...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Transit Policy Covers Third-Party Risk Even for Chassis. Insurer liable to pay compensation for death of passenger in chassis covered by transit policy as policy covers third-party risk under Motor Vehicles Act, 1988.

21 Sep 2022

The appeal was filed by the New India Assurance Company Ltd. challenging the award of compensation by the Motor Accident Claims Tribunal, Aurangabad. ...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurance Company Held Liable to Pay Compensation Despite Absence of Valid Driving Licence. The court held that the insurance company is liable to pay compensation to third parties even if there is a breach of policy conditions, with a right to recover from the insured.

23 Nov 2020

The present appeal was filed by the owner of a tractor and trailer (appellants) challenging the judgment and award dated 09.12.2011 passed by the I Ad...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Liable Despite Policy Commencing After Accident Time. Policy effective from 15/06/2006 covers accident on 14/06/2006 at 20:45 hrs as policy commences from midnight, and insurer cannot escape liability under Section 147 of Motor Vehicles Act, 1988.

22 Jun 2017

The case arises from a motor accident claim where the original claimant (since deceased) sought compensation for injuries sustained in a vehicular acc...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimants. The court held that the insurer is liable to pay compensation to third-party victims even if the driver did not possess a valid driving license, as the insurer can recover the amount from the owner.

31 Jan 2022

The case involves two appeals filed by United India Insurance Company Limited against the judgment and award dated 19.03.2010 passed by the District J...

High Court

Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

21 Oct 2016

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

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