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Search Results for "insurance defence"

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High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Deemed Owner Liability Under Section 163-A MV Act. Occupant of Jeep Treated as Third Party; Insurance Company Cannot Avoid Liability on Ground of Policy Exclusion.

18 Apr 2016

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 19.02.2013 passed by the Motor Accident Claims Tri...

High Court

Gujarat High Court Upholds Insurance Liability in Motor Accident Claim Despite Unlicensed Driver — Pay and Recover Principle Applied. Insurer directed to pay compensation to claimants of minor deceased and recover from owner/driver for breach of policy condition under Section 149 of Motor Vehicles Act, 1988.

20 Jan 2026

The case arises from a motor accident claim petition filed by the parents of a minor deceased, Vijay, who died in a road accident on 17.12.2017 when a...

Supreme Court

Supreme Court Allows Appeals by Truck Owner Against Insurance Company&#039;s &#039;Pay and Recovery&#039; Direction in Fake Driving Licence Case - Insurance Company Directed to Indemnify Owner as Breach Not Proved

8 Oct 2025

The Supreme Court allowed civil appeals filed by Hind Samachar Ltd. (Delhi Unit) against the National Insurance Company Ltd. regarding an accident tha...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Liability Not Fastened as Driver Had No Valid Driving Licence. Owner Failed to Verify Licence Validity, Insurance Company Not Liable but Directed to Pay and Recover Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

19 Jun 2020

The appeal was filed by the Oriental Insurance Company Limited challenging the judgment and award dated 30.06.2012 passed by the Additional Senior Civ...

High Court

Madras High Court considered an appeal under Section 173 of the Motor Vehicles Act, 1988 against deduction of ESI benefits from motor accident compensation. The appeal raised the question whether amounts received under the Employees' State Insurance Act, 1948 should be deducted from compensation awarded under the Motor Vehicles Act, 1988 when the deceased employee died in a road accident involving a tortfeasor.

5 Aug 2026

The appeal arose from an award dated 24.10.2025 passed by the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes), Chennai in MCOP.No....

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Fire Caused by Theft Covered Under Standard Fire and Special Perils Policy. The Court held that the proximate cause of the fire was the theft, which is a covered peril, and the exclusion for 'burning by order of any Public Authority' does not apply.

16 Dec 2025

The appellant, a government company, invited tenders for insurance in June 2005. The respondent, was awarded the contract and issued a Standard Fire a...

High Court

Bombay High Court Allows Section 11 Application to Appoint Arbitrator in Insurance Dispute — Insurer's Failure to Appoint Arbitrator Leads to Court Intervention. The court held that the respondent's failure to appoint its arbitrator under the arbitration clause in the terrorism insurance policy entitled the applicant to seek appointment by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

8 May 2013

The applicant, Essar Steel India Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Cleaner Not Covered Under Act Policy. Section 147(1)(b) of Motor Vehicles Act, 1988 excludes liability for employees not specifically covered under policy.

23 Feb 2022

The case arises from a motor accident claim where the deceased, Radhakishan Lokhande, was traveling as a cleaner in a tipper bearing registration No. ...

High Court

High Court of Bombay Allows Insurer's Appeal in Part, Setting Aside Direct Liability for Compensation in Motor Accident Claim Due to Breach of Policy Condition. Insurer Established That Driver Lacked Valid Motorcycle Licence, But Directed to First Pay Claimant and Then Recover from Insured and Driver.

2 Dec 2010

The National Insurance Company appealed against the judgment and award of the Motor Accident Claims Tribunal, Panaji, which had granted compensation o...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurance Company's Appeal Dismissed for Lack of Evidence on License Violation. Claimant awarded Rs.1,00,000/- as just compensation under Section 166 of Motor Vehicles Act, 1988.

5 Dec 2016

The case involves a motor accident claim arising from an incident on 27-03-2010 when the claimant, Somappa, was traveling as a pillion rider on a moto...

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