Search Results for "Insurer's Appeal"

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Search Results for "Insurer's Appeal"

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High Court

High Court Considers Whether Insurance Claim Dispute Pertaining to Overhauling Costs of Gas Turbine Engine is Quantum or Liability Dispute Under Policy Arbitration Clause. Insurer's Petition Under Section 34 of Arbitration Act Challenges Arbitral Award That Treated Overhaul Claim as Part of Quantum and Awarded Damages to Insured.

22 Apr 2026

The dispute arose from an Industrial All Risk Policy issued by the petitioner insurance company to the respondent's successor, covering a captive powe...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

5 Feb 2021

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

High Court

Karnataka High Court Allows Insurance Company's Appeal and Dismisses Claimant's Cross-Objection in Motor Accident Claim — Vehicle Not Involved in Accident and Lacked Fitness Certificate. The court held that the claimant failed to prove the involvement of the offending vehicle and that the vehicle lacked a valid fitness certificate, disentitling the claimant to compensation.

6 Nov 2020

The case involves two connected matters: an appeal by the Insurance Company (MFA No.201596/2016) challenging the judgment and award dated 16.06.2016 p...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court reduced the compensation awarded by the Tribunal for injuries and death, holding that the claimants failed to prove the income of the victims, and reduced the interest rate from 8% to 6%.

14 Aug 2019

The case involves three miscellaneous first appeals filed by the Oriental Insurance Company against the judgment and award of the Motor Accidents Clai...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. The court held that in the absence of proof of income, notional income should be applied and compensation reduced.

14 Aug 2019

The judgment involves three miscellaneous first appeals filed by the Oriental Insurance Company against awards passed by the Motor Accidents Claims Tr...

High Court

Bombay High Court Upholds Insurance Company's Liability to Pay Compensation in Motor Accident Claim Despite Invalid Driving License — Pay and Recover Principle Applied. Insurance Company Directed to Pay Award Amount to Claimants and Recover from Owner for Breach of Policy Conditions Under Section 166 of Motor Vehicles Act, 1988.

21 Jun 2019

The appeal was filed by National Insurance Co. Ltd. against the judgment and award dated 27/10/2014 of the Motor Accident Claim Tribunal, Pune, in M.A...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

1 Apr 2019

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

High Court

Bombay High Court Examines Insurer's Defense in Motor Accident Compensation Case Based on Incompatible Driving License. Insurer Relies on Section 149(2)(a)(ii) of Motor Vehicles Act, 1988, Arguing Driver's Light Motor Vehicle License Was Invalid for Heavy Goods Vehicle Involved.

30 Nov 2017

The appeal arose from a motor accident claim in which the parents of a seven-year-old girl, who died after being hit by a truck while returning from s...

High Court

High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Negligence of Driver Proved, Insurance Company Liable to Pay Enhanced Compensation with Interest. The court applied multiplier 17 and added 50% future prospects to compute loss of dependency under Motor Vehicles Act, 1988, Section 173(1).

10 Feb 2014

The case arises from a motor vehicle accident that occurred on 24th October 2003, when the deceased K.P. Sudhakaran was riding a motorcycle and was hi...

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