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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "insurance defence"

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High Court

Bombay High Court Considers Cross-Appeals in Motor Accident Compensation Claim Over Insurance Defences and Quantum. Claims Tribunal Award Under Motor Vehicles Act Sections 149(2) and 170(b) Challenged by Insurance Company and Claimants for Exoneration and Enhanced Compensation.

7 Jan 2023

Both appeals arose from a motor accident claim. The claimants (widow, minor sons, and aged mother of deceased Hari Dnyanesh Gaonker) sought enhanced c...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Lack of Willful Breach by Insured. Employer Not Required to Verify Driving Licence Authenticity Beyond Face Value Unless Cause to Suspect.

4 Mar 2020

The appellant, Nirmala Kothari, was the wife of Vinod Ray Kothari, who owned a Hyundai Elantra vehicle insured with the respondent, United India Insur...

High Court

Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

4 Aug 2005

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...

Supreme Court

Supreme Court Allows Appeal in Marine Insurance Dispute — Insurer Cannot Deny Coverage for Breach of Institute Classification Clause Without Proving Assured's Privity. Insurer's Withdrawal of General Average Guarantee and Refusal to Issue Salvage Security Amount to Deficiency in Service Under Consumer Protection Act, 1986.

7 Feb 2020

The appellant, a partnership firm importing steel coils, obtained a Marine Cargo Cover Note from the respondent insurer on 14.5.2010 for a voyage from...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Spontaneous Combustion Loss — Holds That Appointment of Surveyor Without Caveat Constitutes Waiver of Condition Regarding Timely Intimation. The Court remanded the matter to NCDRC for fresh consideration on merits, finding that the insurer waived its right to raise the defence of delayed intimation by appointing a surveyor and not mentioning the delay in the repudiation letter.

13 Dec 2019

The appellant, Saurashtra Chemicals Ltd. (now Saurashtra Chemicals Division of Nirma Ltd.), purchased a standard fire and special perils policy from t...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Legal Heirs of Deceased. The court held that insurers are liable to pay compensation under the Workmen's Compensation Act, 1923, and Motor Vehicles Act, 1988, when the vehicle is insured and the accident arises out of employment or negligence.

5 Jan 2015

The judgment involves multiple miscellaneous first appeals filed by insurance companies against awards of compensation in motor accident and workmen c...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Must Pay Third-Party Compensation Despite Cheque Dishonour. The court applied the 'pay and recover' principle under Section 149 of the Motor Vehicles Act, 1988, holding that the insurer's statutory liability to third parties is not extinguished by cancellation of the policy due to dishonour of the premium cheque.

13 Dec 2018

The case arises from a motor accident on 11/05/2007 where Nilesh Kshirsagar and his wife Sheetal died in a collision with a vehicle owned by responden...

High Court

Bombay High Court Hears Insurer's Appeals Challenging Motor Accident Compensation Awards on Ground of Owner Allowing Unlicensed Driver. The Insurance Company Contended That the Owner Committed Willful Breach of Policy Conditions Under the Motor Vehicles Act, 1988, by Entrusting the Vehicle to a Driver Without a Valid Licence.

19 Oct 2018

This batch of seven first appeals arose from a single motor vehicle accident that occurred on 28 May 2015, involving a truck bearing registration No. ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Policy Cancelled Due to Cheque Dishonour Prior to Accident. Insurer Not Liable as No Contract of Insurance Existed When Accident Occurred, Section 64VB of Insurance Act, 1938.

9 Jul 2019

The present appeal is filed by the National Insurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Wardha in Claim Petition No...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Truck Not Insured with It. Burden of Proof on Insurer to Show Non-Insurance Under Section 173 of Motor Vehicles Act, 1988.

12 Sep 2014

The New India Assurance Co. Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 15th July...

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