Search Results for "Insurer's Appeal"

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High Court Dismisses Insurer's Appeal and Partly Allows Claimant's Enhancement in Motor Accident Claim Involving Empty Tractor. Breach of Policy Condition Not Established as Tractor Was Empty at Time of Accident Despite Commercial Use, Under Section 173(1) of Motor Vehicles Act, 1988.

The case involves two cross-appeals arising from a motor accident claim. The claimant, a pedestrian, was injured when a tractor-trailer returning empt...

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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.

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, ...

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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.

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...

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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

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...

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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.

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

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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.

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

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased Was Gratuitous Passenger in Goods Vehicle. Insurer Liable to Pay Compensation to Third Parties but Can Recover from Owner Under Section 147 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of Tulshiram Chavan, who died in a vehicular accident on 02.02.2000. The deceased ...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Negligence Not Proved. Deceased Auto Driver Died in Single-Vehicle Capsize; No Evidence of Third-Party Involvement or Negligence, Hence Employer and Insurer Not Liable Under Motor Vehicles Act, 1988.

The case arises from a claim petition filed by the legal representatives of the deceased, Govindaraj, who died in a motor vehicle accident on February...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award of Rs.35,025 with 6% Interest. Claimant's Cross-Objection for Enhancement Also Dismissed as No Grounds Made Out.

The case arises from a motor vehicle accident claim. The claimant, B.M. Subramanya, sustained injuries in a road accident involving a car bearing regi...