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Search Results for "Insurer's Appeal"

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High Court

High Court of Karnataka Upholds Insurer’s Liability for Light Goods Vehicle Accident Despite Expired Transport Endorsement on Driver’s License. LMV Licence Sufficient to Drive Light Goods Vehicle Under 7500 kg; Interest Reduced from 9% to 6% per Annum.

28 Jun 2021

The appeal arose from a claim petition filed by a motorcyclist who sustained grievous injuries in an accident on 17.02.2014 when a Canter lorry (regis...

High Court

High Court of Karnataka Upholds Claimant in Motor Accident Case Involving Goods Auto-Rickshaw, Finding Deceased Was Owner of Goods and Not Gratuitous Passenger. Court Interprets Section 2(13) and Section 147 of Motor Vehicles Act, 1988 to Hold that Commercial Purpose and Quantity of Goods Determine Coverage, Distinguishing United India Insurance Co. v. Lalithabai.

5 Apr 2023

The appeal and cross-objection arose from the judgment of the Motor Accident Claims Tribunal, Shivamogga, in MVC No. 291/2007. The deceased, Hasettyap...

Supreme Court

Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

28 Mar 2019

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...

High Court

High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Cleaner Not Covered Under Act Policy. Section 147(1)(b) of Motor Vehicles Act, 1988 excludes liability for employees not specifically covered under policy.

23 Feb 2022

The case arises from a motor accident claim where the deceased, Radhakishan Lokhande, was traveling as a cleaner in a tipper bearing registration No. ...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Major Son Held Dependent. The court affirmed that a major son can be a dependent if actually dependent on the deceased's income, and the insurer is liable to pay compensation.

3 Aug 2022

The case arises from a motor accident claim filed by Vinay Ambadas Wahul, the son of the deceased Shantabai Wahul, who died in a road accident on 23rd...

High Court

High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

20 Feb 2025

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Discharge Burden of Proof Regarding Breach of Policy Terms. The insurer did not lead evidence to prove driver lacked valid license or that bus was overloaded, thus liable to pay compensation jointly and severally with owner and driver.

11 Jan 2010

The case arises from a motor accident claim petition filed by the legal heirs of Nanaji Tarodkar, who died in a bus accident. The claimants, including...

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

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation Awards for Deaths and Injuries. Insurance Company Failed to Prove Breach of Policy Conditions Under Motor Vehicles Act, 1988.

30 Nov -0001

The present appeals arise out of a common judgment and order dated 30th September 2016 passed by the Motor Accident Claims Tribunal, Washim, in variou...

Supreme Court

Supreme Court Dismisses Appeal in Insurance Claim Dispute — Policy Cancellation Upheld Due to Non-Disclosure of Material Facts. Insured failed to disclose pre-existing health condition and pending litigation, rendering policy void ab initio under Section 45 of Insurance Act, 1938.

25 Jan 2019

The appellant, a company, had taken an insurance policy from the respondent insurer. The policy was issued on 15.10.2010. However, on 17.10.2010, a me...

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