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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Owner-Pillion Entitled to Compensation. Owner of vehicle riding as pillion is a third party under Section 147 of Motor Vehicles Act, 1988, and insurer liable to pay compensation.

The case involves an appeal by United India Insurance Co. Ltd. against an award of Rs.60,000/- granted by the Motor Accidents Claims Tribunal, Raichur...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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High Court of Bombay at Goa Upholds Conviction for Murder and Destruction of Evidence in Brutal Killing of Mentally Challenged Victim. Life Imprisonment and Fine Affirmed Based on Circumstantial Evidence Including DNA, Recovery of Weapon, and Motive of Insurance Fraud.

The appellant, Janardhan Kokre, was convicted by the Sessions Judge, South Goa, for the murder of Dilip Sadashiv Naik, a mentally challenged person, u...

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High Court of Karnataka Dismisses Appeals by BMTC and Insurance Company in Motor Accident Claim — No Negligence by BMTC Driver Established. The court upheld the Tribunal's finding that the tipper lorry driver was solely negligent, and the compensation of Rs.25,000/- with interest was just and proper.

The case arises from a motor accident that occurred on 19.08.2012 involving a BMTC bus (KA-01-F-4447) and a tipper lorry (AP-07-U-8783). The claimant,...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back-Wages for Illegal Termination of Workman. Employer's Denial of Employment Relationship Rejected Based on Documentary Evidence and Conduct.

The case involves a writ petition filed by Tekchand Khanchandani, proprietor of Vikas Garments, challenging a Labour Court award dated 8 June 2006. Th...

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Bombay High Court Allows Arbitration Application Despite Accord and Satisfaction Defence in Insurance Claim Dispute. Court Appoints Arbitrator to Decide Whether Full and Final Settlement Receipt Was Obtained Under Coercion.

The applicant, Vishwa Paper Mills (a division of Yog Industries Ltd.), filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award on Fire Insurance Claim. Reinstatement Value Claim Allowed Despite Delay in Replacement; Acceptance Under Protest Not Full Settlement; Interest at 18% Upheld.

The New India Assurance Company Limited (Petitioner) issued two fire and special perils insurance policies to M/s. Alan Scott Industries Limited (Resp...