Search Results for "Breach of Policy Conditions"

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim, Upholds Finding of Sole Negligence of Auto Driver. Insurer of 5-wheeler auto directed to pay compensation with right to recover from owner for breach of policy conditions under Motor Vehicles Act, 1988.

The appeal arose from a judgment and order dated 12th April 2005 of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 278 of 1994. The...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case — Insurance Company Held Liable Despite Alleged License Violation. Owner's Failure to Produce Driving License Does Not Absolve Insurer from Third-Party Liability Under Section 149(2) of Motor Vehicles Act, 1988.

The appellant, C. Balakrishna, was injured in a motor vehicle accident on 26-1-2004 while riding a motorcycle on Bangalore-Sarjapura road, when a TVS ...

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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Policy Validity and Breach of Conditions Not Proved. Insurer Liable to Pay Compensation as No Defence Raised Before Tribunal and No Evidence of Policy Invalidity or Passenger Carriage in Goods Vehicle.

The case arises from a motor accident claim petition filed by the legal representatives of deceased Wamanrao, who died in a road accident on 18 April ...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Failed to Prove Vehicle Was Not Insured or Breach of Policy Conditions. RTO Certificate Established Insurance, and Deceased Were Not Gratuitous Passengers.

The case arises from a motor accident claim filed by the first respondent, Bhiwa Shidawa Wayada, under Section 110A of the Motor Vehicles Act, 1939, f...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award of Rs. 60,000 with 12% Interest. Insurer Liable for Third-Party Claim Despite Alleged Breach of Policy Conditions as No Evidence of Conscious Violation by Owner.

The case arises from a motor accident claim filed by Prabakar Popat Parve (claimant) against the driver and owner of a Matador (MWD 1548), the driver ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Burden of Proof Under Section 149 Not Discharged. Insurance Company Failed to Lead Evidence to Prove Breach of Policy Conditions, Hence Liable to Pay Compensation Jointly and Severally.

The appellant, United India Insurance Company Ltd., filed a first appeal challenging the judgment and order dated 04.03.1996 passed by the Motor Accid...