Search Results for "insurance policy breach"

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Search Results for "insurance policy breach"

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High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms.

6 May 2026

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims T...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Driver Swapping Defence Rejected for Lack of Evidence. Claimants awarded Rs.19,29,760/- with 9% interest under Section 166 of Motor Vehicles Act, 1988 for death of cleaner in tempo accident.

28 Jan 2026

The appeal was filed by Cholamandalam MS General Insurance Co. Ltd. against the judgment and award dated 31.08.2021 of the Motor Accident Claims Tribu...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation for Minor's Death in Motor Accident — Applies Multiplier of 15 Instead of 18. The court held that for a non-earning minor, the multiplier should be 15 as per Sarla Verma v. DTC, reducing the award from Rs.35,92,000/- to Rs.2,62,500/-.

2 Dec 2025

The case arises from a motor accident claim filed by Smt. Rajashri Pramanik Sable, mother of the deceased minor Neil Pramanik Sable, who died in a roa...

High Court

High Court of Madras Upholds Insurance Company's Liability in Motor Accident Claims — Negligence of Driver Established, No Breach of Policy Conditions. The court held that the insurer is liable to pay compensation to the claimants as the accident occurred due to the rash and negligent driving of the insured vehicle, and there was no violation of policy terms such as driving without a valid license.

28 Jan 2025

The case involves two Civil Miscellaneous Appeals filed by The New India Assurance Co. Ltd. against the judgment and decree dated 06.01.2022 passed by...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Sets Aside Liability Due to Violation of Policy Conditions. Owner's Failure to Produce Valid Driving Licence and Vehicle's Use Beyond Permitted Route Constitute Fundamental Breach of Policy Terms Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

24 Jun 2024

The case arises from a motor accident claim filed by the legal representatives of the deceased, Pruthviraj M, who died in a road accident involving a ...

High Court

Bombay High Court Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation for Lack of Proof of Income and Negligence. The court held that the Tribunal erred in fixing income and attributing negligence without proper evidence, and modified the awards accordingly.

28 Jun 2019

The case involves four first appeals filed by the Bajaj Allianz General Insurance Company Ltd. against the common judgment of the Motor Accident Claim...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Liability Between Owner and Insurer Upheld. The court applied the multiplier method to enhance compensation for death and injury, and directed the insurer to pay and recover from the owner if policy conditions were breached.

30 May 2019

The case involves two appeals (MFA No. 488/2015 and MFA No. 6174/2016) filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgmen...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Under Section 163A MV Act — Pay and Recover Direction Upheld. The Court held that the Insurance Company must pay compensation to the third-party claimant and recover from the insured owner, as the deceased was an occupant of an autorickshaw hit by the insured motorcycle.

17 Mar 2016

The case arises from a claim petition under Section 163A of the Motor Vehicles Act, 1988, filed by the legal heirs of Devendra Jotirao Wankhede, who d...

High Court

Bombay High Court Allows Insurance Company to Recover Compensation from Owner in Motor Accident Claim — Breach of Policy Condition Due to Unlicensed Driver Established. The Court upheld the 'pay and recover' principle under Section 166 of the Motor Vehicles Act, 1988, directing the insurer to pay compensation to the claimants and recover from the owner for allowing an unlicensed driver.

21 Jan 2014

The case arises from a motor accident claim petition filed by respondents 1 to 4 (the claimants) under Section 166 of the Motor Vehicles Act, 1988, se...

High Court

Bombay High Court Allows Appeal Against Exoneration of Insurer in Motor Accident Claim — Non-Fare Paying Passenger Covered Under Comprehensive Policy. The court held that if the insurance policy covers non-fare paying passengers and premium is charged, the insurer is liable under Section 147 of the Motor Vehicles Act, 1988.

3 Aug 2010

The appeal was filed by the claimants, Smt. Indubai and Ku. Annapurna, against the judgment and award dated 25th June 2008 passed by the Motor Acciden...

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