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High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Negligent Driving of Rickshaw Resulting in Death by Dupatta Entanglement. Insurance Company Held Liable to Pay Compensation as No Breach of Policy Conditions Proved.

The case involves a first appeal filed by the original claimants (appellants) against the judgment and award dated 20.10.2015 passed by the Motor Acci...

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High Court of Gujarat Allows Appeal, Sets Aside Contributory Negligence Finding and Enhances Compensation in Motor Accident Claim. Rear-End Collision Presumption Applied Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Dilipkumar Bhailalbhai Thakkar, filed a first appeal against the judgment and award dated 16.10.2012 of the Motor Accident Claims Tribu...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Due to Composite Negligence and Enhances Compensation. Tribunal's finding of sole negligence on jeep driver set aside; insurer of jeep held jointly liable with ST bus insurer.

The appellant, original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 12....

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Bombay High Court Dismisses Insurance Company's Appeal Against Rejection of Application to Set Aside Ex-Parte Award in Motor Accident Claim. Order 9 Rule 13 CPC Not Applicable to Motor Accidents Claims Tribunal Under Section 169 of Motor Vehicles Act, 1988.

The appellant, New India Assurance Co. Ltd., filed an appeal against an order of the Motor Accidents Claims Tribunal, Pune, dated 5th July 2004, which...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...

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ARBITRATION PETITION NO.549 OF 2013

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