Search Results for "Insurer Appeal"

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High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions. The court applied the 'pay and recover' principle, holding that the insurer must compensate third party claimants and then recover from the insured.

18 Feb 2026

The present appeal was filed by the United India Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment...

High Court

High Court Allows Insurance Company Appeal in Motor Accident Claim -- Sets Aside MACT Award Due to Prior Workmen's Compensation Proceedings -- Claimants Barred from Filing Under MV Act After Electing WC Act Remedy

3 Feb 2026

The High Court allowed appeal by Insurance Company against MACT award granting compensation of Rs.4,94,000/- to legal heirs of deceased R.Manju -- Dec...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to 50% Contributory Negligence of Deceased Driver. Apportionment of Liability Based on Evidence of Wrong-Side Driving, Reducing Award from Rs.24,84,480 to Rs.12,42,240 with 6% Interest.

17 Jul 2023

The case arises from a motor accident claim petition filed by the legal heirs of Ashok Thorat (deceased) under Section 166 of the Motor Vehicles Act, ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Workmen Compensation Case — Death of Driver During Rest Period Held to Arise Out of and in Course of Employment. The court upheld the Commissioner's award of Rs.3,03,620/- with 12% interest, finding that the death of a driver while resting in the lorry during a journey was an accident arising out of and in the course of employment under the Workmen's Compensation Act, 1923.

9 Sep 2022

The appeal was filed by the National Insurance Company Limited challenging the judgment and award dated 20.08.2009 passed by the Labour Officer and Co...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Improper Repudiation Based on Delay in Intimation. The Court Held That Delay in Informing Insurer About Theft Does Not Automatically Disentitle Claimant If FIR Was Registered Promptly and Police Action Was Taken, Interpreting Condition No. 1 of the Insurance Contract in Favor of the Insured Under Consumer Protection Principles.

11 Feb 2022

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) which allowed a revision petition by the insurance compa...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

26 Jun 2020

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

Supreme Court

Supreme Court Allows Insurer's Appeal in Malaria Death Insurance Claim. Death Due to Disease Not an Accident Under Section II of National Insurance Home Loan Suraksha Bima Policy.

26 Mar 2019

The case involves an appeal by the National Insurance Co. Ltd. against a judgment of the National Consumer Disputes Redressal Commission which upheld ...

Supreme Court

Supreme Court Dismisses Appeal Against NCDRC Order Rejecting Insurance Claim for Road Damage Due to Normal Wear and Tear Exclusion. The appellant failed to prove that the damage was caused by abnormal rainfall and not normal wear and tear under Section 1 of the insurance policy.

25 Mar 2019

The appellant, Mahavir Road and Infrastructure Pvt Ltd., was undertaking road resurfacing and asphalting in Nashik and obtained an insurance policy fr...

High Court

Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Group Mediclaim Dispute — Lack of Jurisdiction and No Merit Found. The District Court at Pune lacked jurisdiction to entertain the petition under Section 34 of the Arbitration and Conciliation Act, 1996 as the seat of arbitration was Mumbai, and the insurer failed to appear before the arbitrator despite notice.

27 Nov 2018

The case involves a challenge by United India Insurance Company Ltd. (the petitioner) against an arbitral award passed in favor of Kalyani Avinash Gok...

High Court

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

14 Sep 2017

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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