Search Results for "insurer's duty"

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Search Results for "insurer's duty"

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High Court

High Court of Karnataka Allows Appeal in Motor Vehicle Accident Claim — Insurance Company Held Liable Despite Alleged Breach of Permit Conditions. Owner's Liability Shifted to Insurer as Vehicle Was Used Within Permitted Area and No Fundamental Breach of Policy Terms Was Established.

21 Feb 2025

The appellant, Sri P. Yadava Rao, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor ve...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

High Court

High Court of Karnataka Allows KSRTC Appeal and Dismisses Insurance Company Appeal in Motor Vehicle Accident Claim — Apportionment of Liability Between Tortfeasors Determined Based on Contributory Negligence. The court held that when two vehicles are involved in an accident, the liability of the insurer of each vehicle is to be determined based on the degree of negligence, and the owner of the other vehicle is not liable to pay compensation if the accident was caused solely by the negligence of the driver of the insured vehicle.

23 Dec 2020

The case involves two appeals arising from a motor vehicle accident claim. The accident occurred when a KSRTC bus collided with a lorry owned by M/s S...

High Court

High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurance Company Held Liable to Pay Compensation Despite Absence of Valid Driving Licence. The court held that the insurance company is liable to pay compensation to third parties even if there is a breach of policy conditions, with a right to recover from the insured.

23 Nov 2020

The present appeal was filed by the owner of a tractor and trailer (appellants) challenging the judgment and award dated 09.12.2011 passed by the I Ad...

Supreme Court

Supreme Court Allows Insurance Company's Appeal in Life Insurance Claim Repudiation Case — Non-Disclosure of Pre-Existing Aliment Justifies Repudiation. Failure to Disclose Hospitalization for Vomiting Blood Due to Hepatitis C Within One Month of Policy Issuance Constitutes Suppression of Material Fact Under Section 45 of Insurance Act, 1938.

9 Oct 2020

The Supreme Court allowed the appeal filed by the insurance company (Bajaj Allianz Life Insurance Co. Ltd.) against the order of the National Consumer...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

Bombay High Court Allows Appeal by Insurer in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is liable to pay compensation but is entitled to recover the same from the owner of the vehicle.

16 Apr 2019

This appeal arises from a judgment and award of the Motor Accident Claims Tribunal in MACP No. 559 of 2007. The appellant, Smt. Kamal wd/o Daulatrao D...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims — Tractor Owner Liable for Negligence Despite Driver's License. Insurer can recover compensation from owner if vehicle was driven without valid license, but third-party claimants entitled to payment.

25 Mar 2019

The case involves four first appeals arising from motor accident claims. The accident occurred when a tractor driven by Dipak Kawale, owned by Praful ...

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...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions, But Entitled to Recover from Owner. Claimants' Appeal for Enhancement of Compensation Partly Allowed — Multiplier of 13 Applied Based on Deceased's Age.

20 Jan 2016

The case involves three appeals arising from motor accident claims. The first appeal by the Insurance Company challenged the award in MVC No.89/2011, ...

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