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Search Results for "insurer's duty"

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High Court

High Court of Gujarat Allows Insurance Company's Appeal in Tractor Accident Case — Pay and Recovery Order Set Aside. The Court held that the Tribunal exceeded its jurisdiction by directing the insurer to pay and recover compensation for an unauthorized passenger in a goods vehicle, as the risk was not covered under Section 147 of the Motor Vehicles Act, 1988.

15 Jan 2026

The case involves an appeal by The New India Assurance Company Limited against the judgment and award dated 08.02.2022 passed by the Motor Accident Cl...

Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

Supreme Court

Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

9 Dec 2021

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

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 Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

9 Aug 2018

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Violation of Policy Condition by Driving Without License. Insurer Not Liable to Indemnify Owner for Third-Party Claim When Owner Drove Vehicle Without Valid Driving License, Breaching Policy Condition Under Motor Vehicles Act, 1988.

23 Nov 2017

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and award dated 28.06.2016 passed by the II Additional Senior Civi...

High Court

Bombay High Court Dismisses Insurance Company's Appeal on Quantum in Motor Accident Claim — Insurer Cannot Challenge Quantum Without Leave Under Section 170 of Motor Vehicles Act, 1988. Leave Under Section 170 Cannot Be Granted for the First Time in Appeal When Insurer Failed to Seek It Before the Tribunal.

29 Apr 2011

The case involves an appeal by United India Assurance Co. Ltd., the insurer, against the judgment and award of the Motor Accident Claims Tribunal, Ali...

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