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Search Results for "insurance defence"

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High Court

Bombay High Court Upholds Insurer’s Pay-and-Recover Direction in Motor Accident Claim Appeals. Direction to Pay Compensation First and Then Recover from Owner/Driver Upheld Under Principles of National Insurance Co. Ltd. v. Swaran Singh.

12 Aug 2010

The Oriental Insurance Company Limited filed three first appeals before the Bombay High Court against the common judgment and award dated 24 March 200...

High Court

Bombay High Court Sets Aside Arbitral Award in Insurance Dispute — Wear and Tear Exclusion Not Applicable to Sudden Breakdown. The court held that the insurer failed to prove that the bearing failure was due to wear and tear, and the breakdown was a fortuitous event covered under the Industrial All Risk Policy.

15 Feb 2019

The petitioner, United Phosphorous Limited, was in the business of pesticides and chemicals. It purchased a Gas Turbine Engine from GE Packaged Power ...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Insurance Claim Settlement — Issues of Arbitrability and Full and Final Settlement Raised. Insurer Contended That Dispute Was Non-Arbitrable Under Clause 13 and That Acceptance of Payment Constituted Full and Final Settlement Barring Further Claims.

13 Mar 2015

The matter pertained to an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by National Insurance Company Lim...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeals Against Section 163A Awards — Claim Petitions Under Section 163A Are Maintainable Even If Claimants Are Third Parties or Passengers. The court held that Section 163A of the Motor Vehicles Act, 1988 provides a no-fault liability scheme and does not restrict its application to owners or their legal representatives; it applies to all persons suffering death or permanent disablement in a motor accident.

30 Nov 2018

The judgment involves two appeals filed by the United India Insurance Company challenging the awards passed by the Motor Accident Claims Tribunal unde...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim for Pillion Rider Death. Act Policy does not cover pillion rider risk, so insurance company not liable for compensation.

19 Jun 2017

The case involves an appeal by the National Insurance Company Ltd. against a judgment and order dated 22.08.2006 passed by the Motor Accident Claims T...

High Court

Bombay High Court Allows Insurer's Appeal Partly in Motor Accident Claim Where Driving Licence Was Fake; Insurer Liable to Pay Third-Party Claimants But Can Recover from Vehicle Owner and Driver Under Motor Vehicles Act, 1988.

9 Dec 2010

The present first appeals arose from a motor accident claim arising out of a collision between a bus and a truck on 15 June 1996. Claimants, passenger...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Carrying Sugarcane Workers Overturns Due to Negligence. Insurer Held Liable to Pay Compensation for 10% Permanent Disability Under Section 166 of Motor Vehicles Act, 1988.

22 Oct 2019

The present appeal was filed by Shriram General Insurance Company Ltd., the original respondent No.3, challenging the judgment and award dated 11-01-2...

High Court

Bombay High Court Allows Insurance Appeal and Sets Aside Insurer’s Liability in Pillion Rider Death Claim. Pillion Rider Held Not a Third Party Under Act-Only Policy; Insurer Entitled to Recover Compensation from Vehicle Owner and Driver.

16 Jul 2018

The case arose out of a motor accident claim petition filed by the legal representatives of the deceased pillion rider. The deceased, Shaikh Laikoddin...

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

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Were Gratuitous Passengers in Goods Vehicle, Not Covered Under Insurance Policy. The court held that under Section 95 of the Motor Vehicles Act, 1939, an insurance policy for a goods vehicle does not cover passengers carried for hire or reward, and the deceased were not employees of the owner, thus the insurer is not liable.

12 Mar 2010

The case involves two appeals filed by the United India Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal. The accident occu...

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