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Search Results for "insurance defence"

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High Court

Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Pay and Recover Order Against Owner Upheld. Insurer Directed to Pay Compensation to Claimants and Recover from Owner Due to Breach of Policy Conditions.

5 Aug 2019

The appeal was filed by the United India Insurance Company Ltd. challenging the Judgment and Award dated 28.08.2017 passed by the Motor Accident Claim...

High Court

Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

24 Sep 2019

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

High Court

Gujarat High Court Dismisses Insurance Company's Appeal in Hit-and-Run Motorcycle Accident Case — Upholds Compensation Under Section 163A Motor Vehicles Act. Insurance Company Liable Even When Offending Vehicle is Unknown as Per Strict Liability Principle Under Section 163A of Motor Vehicles Act, 1988.

9 Jan 2026

The case involves two first appeals filed by Tata AIG General Insurance Co. Ltd. challenging a common judgment and award dated 05.10.2024 passed by th...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Liability of Insurer Despite Alleged Violation of Permit Conditions. The court held that the insurer must pay compensation to third parties and may recover from the insured if there is a breach of policy conditions.

21 Feb 2023

The present appeal was filed by Reliance General Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and...

High Court

High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988.

19 Dec 2017

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation Due to Driver's Lack of Valid Driving License. Breach of Policy Terms Established as Driver Did Not Possess Effective License at Time of Accident, Exonerating Insurer Under Motor Vehicles Act, 1988.

30 Jul 2014

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Pramod Gadbail, who died in a road accident on 10/12/200...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

Bombay High Court Allows Appeal Against Employer in Workmen's Compensation Case, Holds Insurance Company Liable Despite Territorial Exclusion Clause. The court held that the territorial exclusion clause in the insurance policy does not absolve the Insurance Company from liability under the Workmen's Compensation Act, 1923, as the policy was issued for coverage of employees and the employer had paid premium.

11 Jun 2014

The appeal was filed by the parents of the deceased workman, Laxman, who died in an accident while loading cotton bales at the Agricultural Produce Ma...

High Court

High Court of Karnataka Upholds Compensation in Motor Accident Claim Despite Absence of Driving License Evidence — Insurance Company Liable to Pay and Recover from Owner. The Court directed the Insurance Company to pay the awarded compensation to the claimants and then recover the same from the owner of the vehicle under Section 149(2) of the Motor Vehicles Act, 1988.

1 Jun 2026

The appeal was filed by United India Insurance Co. Ltd. challenging the award dated 16.02.2018 passed by the XV Additional Small Causes Judge & Member...

High Court

Bombay High Court Allows Appeal in Employees' Compensation Case — Insurance Company Held Liable for Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurance Company Cannot Escape Liability for Breach of Policy Conditions Without Proper Evidence.

17 Mar 2023

The present appeal was filed under Section 30 of the Employees' Compensation Act, 1923, by the claimants (widow and minor sons of the deceased Vasanta...

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