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Madras High Court Considers Appeal by Injured Claimant in Motor Accident Claim Seeking to Set Aside Exoneration of Insurer. Tribunal Exonerated Insurer on Ground of Invalid Driving License; Claimant Relies on Swaran Singh to Apply Pay and Recover Principle.

The appeal arose from a motor accident claim filed by the injured claimant seeking compensation of Rs. 25,00,000/-. On 29.07.2014, the claimant, while...

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High Court of Karnataka Quashes Insurance Ombudsman Award for Violation of Natural Justice — Employer Not Heard Before Award. Group Personal Accident Policy Claim Decided Without Notice to Employer, Award Set Aside and Remitted for Fresh Hearing.

The petitioner, M/s. Toyota Kirloskar Motor Pvt. Ltd., is a company engaged in the manufacture of motor vehicles. It had contracted a 'Group Personal ...

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Bombay High Court Allows Appeal Against MACT Order Exonerating Insurance Company in Motor Accident Claim. Insurance Company Held Liable to Pay Compensation Despite Driver Lacking Licence, Following Swaran Singh Precedent.

The case arises from a motor accident claim where the deceased appellant's legal representatives challenged the Motor Accident Claims Tribunal (MACT),...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case — Insurance Company Held Liable Despite Alleged License Violation. Owner's Failure to Produce Driving License Does Not Absolve Insurer from Third-Party Liability Under Section 149(2) of Motor Vehicles Act, 1988.

The appellant, C. Balakrishna, was injured in a motor vehicle accident on 26-1-2004 while riding a motorcycle on Bangalore-Sarjapura road, when a TVS ...

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Supreme Court Dismisses Appeal in Consumer Insurance Dispute Over Voyage Monsoon Condition. Insurance Claim Repudiation Upheld as Vessel Sailed After Monsoon Set In, Breaching Special Condition Under Consumer Protection Act, 2019.

The dispute arose from an insurance claim repudiation concerning a barge's maiden voyage from Mumbai to Kolkata. The appellant, engaged in shipping bu...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Policy Validity and Breach of Conditions Not Proved. Insurer Liable to Pay Compensation as No Defence Raised Before Tribunal and No Evidence of Policy Invalidity or Passenger Carriage in Goods Vehicle.

The case arises from a motor accident claim petition filed by the legal representatives of deceased Wamanrao, who died in a road accident on 18 April ...

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Supreme Court Dismisses LIC's Appeal on Stamp Duty for Insurance Policies in Rajasthan. State Has Legislative Competence Under Concurrent List to Collect Stamp Duty on Insurance Policies, But Relief Granted on Facts.

The Supreme Court considered an appeal by the Life Insurance Corporation of India (LIC) against a judgment of the Rajasthan High Court which upheld th...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...