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Search Results for "exonerated insurer"

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High Court

Bombay High Court Allows Appeal by Insurer in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is liable to pay compensation but is entitled to recover the same from the owner of the vehicle.

16 Apr 2019

This appeal arises from a judgment and award of the Motor Accident Claims Tribunal in MACP No. 559 of 2007. The appellant, Smt. Kamal wd/o Daulatrao D...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Owner with Valid Learner's Licence Not Liable for Compensation; Insurance Company Directed to Pay and Recover. Learner's Licence Held Valid Driving Licence Under Motor Vehicles Act, 1988; Breach of Rule 3 of Central Motor Vehicles Rules, 1989 Not Established as No Evidence of Contravention.

3 Feb 2025

The appellant, Ku. Nilima Dakhane, was the owner of a Kinetic Nova scooter involved in an accident on 10.04.2003, in which respondent No.2, Pandurang ...

High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Directs Pay and Recovery for Breach of Policy Due to Vehicle Used for Hire. The Court held that when a vehicle insured as a private car is used for carrying passengers for hire, it constitutes a fundamental breach of policy conditions, entitling the insurer to recovery from the owner after paying the award amount.

8 Jan 2026

The case arises from a motor accident claim petition filed by the original claimant (respondent No. 3) who was travelling in a Maruti Eeco Car (No. GJ...

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...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Third-Party Liability. Insurer Directed to Pay Compensation and Recover from Owner as Driver Lacked Valid Licence Under Motor Vehicles Act, 1988.

30 Jun 2010

The case arises from a motor accident claim where the claimant, Karbhari Shinde, sustained serious injuries resulting in amputation of his left leg af...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Case — Liability Not Fastened on Insurer as Driver Did Not Possess Valid Driving Licence. The court held that under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, the insurer is not liable to pay compensation if the driver lacks a valid licence, and the owner must bear the liability.

22 Jan 2016

The appeal was filed by the insurance company challenging the judgment and award of the Motor Accidents Claims Tribunal, Holalkere, in MVC No. 81/2008...

High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. Held that claimants must prove income and negligence; Tribunal's award modified.

13 Mar 2013

The case involves multiple appeals filed by the Oriental Insurance Company Limited against the judgment and award of the Motor Accidents Claims Tribun...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Negligent Driving of Rickshaw Resulting in Death by Dupatta Entanglement. Insurance Company Held Liable to Pay Compensation as No Breach of Policy Conditions Proved.

30 Jan 2026

The case involves a first appeal filed by the original claimants (appellants) against the judgment and award dated 20.10.2015 passed by the Motor Acci...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable Despite Alleged Breach of Policy Conditions. Joint and several liability of driver, owner, and insurer upheld as insurer failed to prove willful breach of policy terms.

22 Oct 2018

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, who died in a road accident on 28 June 2006 i...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Insured Vehicle Driver Proved. Insurance Company Liable to Pay Compensation as No Breach of Policy Conditions Established.

7 Nov 2019

The case arises from a motor accident claim filed by the heirs of Ganesh Vinayak Gavhane, who died in a collision on 15 June 2012. The deceased was a ...

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