Search Results for "Breach of Policy Conditions"

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Search Results for "Breach of Policy Conditions"

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High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Owner with Valid Learner's Licence Not Liable for Compensation; Insurance Company Directed to Pay and Recover. Learner's Licence Held Valid Driving Licence Under Motor Vehicles Act, 1988; Breach of Rule 3 of Central Motor Vehicles Rules, 1989 Not Established as No Evidence of Contravention.

3 Feb 2025

The appellant, Ku. Nilima Dakhane, was the owner of a Kinetic Nova scooter involved in an accident on 10.04.2003, in which respondent No.2, Pandurang ...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. The court held that the insurer failed to prove that the driver lacked a valid driving license, and thus the award of compensation was upheld.

19 Dec 2022

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Ramji Bhoyar, who died in a head-on collision ...

High Court

Bombay High Court Upholds Pay and Recover Direction in Motor Accident Claim — Insurance Company Liable Despite Breach of Policy Conditions. Goods Vehicle Carrying Passenger Does Not Absolve Insurer from Paying Compensation to Third Party Claimants; Insurer Must Recover from Owner.

23 Jun 2022

The appellant, Oriental Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

High Court

High Court of Bombay Allows Appeal in Part and Enhances Compensation in Motor Accident Claim — Insurance Company Liable for Third-Party Risk Despite Alleged Breach of Policy Conditions. Parents of Deceased Awarded Enhanced Compensation with Interest Under Motor Vehicles Act, 1988.

7 Mar 2022

The case arises from a motor accident claim filed by the parents of Shreyans Udaybabu Shah, who died in a car accident on 23.02.2013. The deceased was...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. Claimant's Wife and Children Died in Accident Involving Vehicle Without Valid Permit and Fitness Certificate, Excluding Insurer's Liability Under Section 149(2)(a)(i)(c) of Motor Vehicles Act, 1988.

11 Feb 2022

The case involves three appeals filed by The New India Assurance Company Ltd. against a common judgment dated 25.05.2010 passed by the Motor Accident ...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions Not Proved by Insurance Company. Claimants entitled to compensation as insurer failed to establish that vehicle was used for commercial purpose in violation of policy terms.

17 Sep 2020

The case arises from a motor accident claim petition filed by Rambhau Gawai and his two sons (appellants) under Section 166 of the Motor Vehicle Act, ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. The court upheld the principle of 'pay and recover' under Section 149 of the Motor Vehicles Act, 1988, holding the insurer liable to pay compensation to third-party victims even if the driver lacked a valid license.

7 Sep 2020

The present appeal was filed by the United India Insurance Co. Ltd. (the appellant) challenging the judgment and award dated 18-08-2005 passed by the ...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.24,52,968/- for Death of Motorcyclist Due to Negligent Driving of Trailer Truck. The Court held that the insurer failed to prove breach of policy conditions and that the claimants are entitled to compensation with interest at 6% per annum.

12 Feb 2020

The appeal was filed by New India Assurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Kelapur, District Yavatmal, which awa...

High Court

High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

3 Jan 2020

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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