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Bombay High Court Upholds Pay and Recover Direction in Motor Accident Claim — Insurance Company Liable Despite Breach of Policy Conditions. Goods Vehicle Carrying Passenger Does Not Absolve Insurer from Paying Compensation to Third Party Claimants; Insurer Must Recover from Owner.

The appellant, Oriental Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award date...

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Bombay High Court Allows Widow's Claim for Medical Reimbursement Under Rajiv Gandhi Jeevandayee Arogya Yojana for Ayurvedic Treatment of Deceased Husband. Treatment at Government-Recognized Ayurvedic Hospital Held Covered Under Scheme Despite Initial Denial by Insurance Company.

The petitioner, Kiran Bhaskar Surgade, widow of Dr. B.S. Surgade, filed a writ petition seeking reimbursement of medical expenses incurred for the tre...

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Bombay High Court Allows Interim Compensation Under Section 140 of Motor Vehicles Act in Fatal Accident Cases. No-Fault Liability Principle Applied to Grant Interim Relief Without Proof of Negligence.

The judgment pertains to three first appeals filed by the claimants against the order of the Motor Accident Claims Tribunal rejecting their applicatio...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Labourer Death. Insurer Liable Despite Alleged Commercial Use of Tractor Trolley as Policy Covered Labourers and No Breach Proved.

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award dated 02.02.2000 passed by the Motor Accident Claims Tribunal,...