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Search Results for "Policy coverage"

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High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Insurance Company Liable for Third-Party Injury Despite Vehicle Not Covered by Policy. Court holds that under Section 147 of the Motor Vehicles Act, 1988, an insurance policy must cover third-party risks, and the insurer cannot avoid liability for injuries caused by a vehicle even if the policy does not cover the specific vehicle, as the vehicle was being used in a public place.

17 Dec 2024

The appellant, Sri Munikrishna, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and ...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court's Territorial Jurisdiction in Unfair Labour Practice Complaint Filed by Union for Employee Posted Outside Maharashtra. The Court held that the Industrial Court under MRTU & PULP Act has jurisdiction if the employer's establishment is within Maharashtra, even if the employee works outside the state.

22 Mar 2024

The Petitioner, M/s. Abbott India Ltd., a pharmaceutical company incorporated under the Indian Companies Act, 1956, and its officer Mr. Jitendra Wadhw...

High Court

High Court of Karnataka Allows Appeal for Enhanced Compensation in Workmen's Compensation Case, Holds Insurance Company Liable. The court enhanced disability assessment from 15% to 25% and directed the insurance company to pay compensation jointly with the owner.

19 Sep 2023

The appellant, a coolie working under respondent No.1 (owner of a tractor), sustained injuries on 12.03.2010 while working on the tractor. She filed a...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Holds that Taking Insurance Policy for Commercial Premises is for Commercial Purpose, Excluding Complainant from Definition of 'Consumer' Under Consumer Protection Act, 1986. The Court ruled that a commercial entity taking fire insurance policy for its business premises is not a 'consumer' under Section 2(1)(d) of the Act, as the policy is taken for commercial purpose.

13 Apr 2023

The present appeals by special leave assail the judgment and order dated 3rd December, 2004 of the National Consumer Disputes Redressal Commission (Na...

High Court

Bombay High Court Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Workmen's Compensation Cases for Two Deceased Workers in Same Accident. The court upheld the Commissioner's finding that the deceased were employees of the tempo owner and that the insurance company is liable to pay compensation with interest under the Workmen's Compensation Act, 1923.

10 Dec 2021

The judgment arises from two first appeals concerning a motor vehicle accident that occurred on 20th June 2010 on the Western Express Highway, Vile Pa...

High Court

High Court of Karnataka Allows Appeal by Insured in Workmen Compensation Case — Employer-Employee Relationship Not Established. Commissioner's Award Set Aside as Claimants Failed to Prove Deceased Was a 'Workman' Under Section 2(1)(n) of the Employees' Compensation Act, 1923.

8 Sep 2021

The appeal was filed by Sri Ajjegowda, the owner of a tractor and trailer, challenging the judgment and award dated 24.02.2016 passed by the Principal...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

High Court

Bombay High Court Upholds Pay-and-Recover Direction Against Insurer for Dishonoured Cheque Premium — Insurer Must Pay Third-Party Claimants First Then Recover from Owner. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurer is liable to third parties even if the premium cheque was dishonoured, and the direction to pay first and recover from the owner is valid.

4 Dec 2017

The Oriental Insurance Co. Ltd. appealed against the judgment and award dated 7th November 2008 passed by the Motor Accident Claims Tribunal, Akola in...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimant failed to establish monthly income of Rs.6,000/-; notional income of Rs.4,500/- applied under Motor Vehicles Act, 1988.

1 Jul 2017

The National Insurance Company Limited appealed against the judgment and award dated 22-12-2008 passed by the Motor Accident Claims Tribunal, Bangalor...

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...

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