insurer Archives | SCC Times

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company

National Consumer Disputes Redressal Commission (NCDRC)

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer

In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

State Consumer Disputes Redressal Commission, Telangana: Justice MSK Jaiswal (President) and Meena Ramanathan (Member) upheld the District Commission’s Order observing the consequence

Case Briefs Supreme Court

Motor accidents claims| A one-stop online platform for Insurers, Police and Tribunals across the country soon to be a reality? Read Supreme Court directions

Supreme Court: The bench of Sanjay Kishan Kaul and R. Subhash Reddy, JJ has issued directions with respect to motor vehicle accident

Case Briefs High Courts

All HC | Liability of employer and insurer to pay interest on amount awarded but not paid under the Employees’ Compensation Act, whether mandatory? Court answers

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., held the employer and the insurance company liable to pay interest on the amount

Case Briefs High Courts

Madras HC | In view of the conflict around the issue of applicability of TDS on interest in Motor Accident Claims, matter referred to a Larger Bench for resolution

Madras High Court: In the instant case where the issue revolved around the applicability of TDS on interest in Motor Accident Claims;

Case Briefs High Courts

Kar HC | Insurer directed to pay compensation awarded to claimants and thereafter recover it from owner of the vehicle

Karnataka High Court: H.T. Narendra Prasad, J. while allowing the appeal in part and condoning the delay ordered that the claimant was

Case Briefs High Courts

Pat HC | Insurance Company granted right to recover half of compensation amount from owner/ insurer of other vehicle involved in an accident caused due to composite negligence

Patna High Court: S. Kumar, J. dismissed the appeal filed by the insurance company on the grounds that the parties were liable

Case Briefs High Courts

Raj HC | Insurer directed to first compensate the claimants and thereafter recover the same from the insured party

Rajasthan High Court: P.K. Lohra J., in an appeal under Section 173 of the Motor Vehicles Act, 1988 upheld the decision of

Case Briefs High Courts

HP HC | Insurer shall not be exonerated from payment of compensation in case of vehicle not bearing permanent registration certificate

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., partly allowed an appeal and declared that insurance company does not have the right

Case Briefs High Courts

Bom HC | Insurance contract give rise to reciprocal promises; Insurer entitled to recover the amount paid to third party under a ‘cancelled policy’ from the insured

Bombay High Court: Sunil K. Kotwal, J., allowed SBI Insurance Co. (insurer) to recover, from the owner of the offending bus (insurer), the

Case Briefs High Courts

Del HC | Injured not entitled to compensation towards future treatment or disfigurement where disability suffered is temporary

Delhi High Court: I.S. Mehta, J. dismissed an appeal filed by the claimant against an award of compensation granted in a motor accident’s

Case Briefs High Courts

P&H HC | Appeal against compensation under MV Act dismissed as insurer fails to show driver’s license was invalid

Punjab and Haryana High Court: This appeal was filed before a Single Judge Bench of Lisa Gill, J., by the Insurance Company

Case Briefs High Courts

Burden to prove non-receipt of insurer’s letter of cancellation of insurance lies on the insured: Kerala HC

Kerala High Court: A Full bench comprising of V. Chitambaresh, P.B. Suresh Kumar and Sathish Ninan, JJ. while answering a reference ruled

Case Briefs High Courts

Kerala HC Full Bench overrules 3-Judge Bench: Absence of fitness certificate to vehicle is a fundamental breach by insured; entitles insurer with right to recovery

Kerala High Court: A Full Bench of Kerala High Court comprising of CJ Hrishikesh Roy P.R. Ramachandra Menon, A.K. Jayasankaran Nambiar, Anil

Case Briefs High Courts

SCC Times

insurer

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer

Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

Motor accidents claims| A one-stop online platform for Insurers, Police and Tribunals across the country soon to be a reality? Read Supreme Court directions

All HC | Liability of employer and insurer to pay interest on amount awarded but not paid under the Employees’ Compensation Act, whether mandatory? Court answers

Madras HC | In view of the conflict around the issue of applicability of TDS on interest in Motor Accident Claims, matter referred to a Larger Bench for resolution

Kar HC | Insurer directed to pay compensation awarded to claimants and thereafter recover it from owner of the vehicle

Pat HC | Insurance Company granted right to recover half of compensation amount from owner/ insurer of other vehicle involved in an accident caused due to composite negligence

Raj HC | Insurer directed to first compensate the claimants and thereafter recover the same from the insured party

HP HC | Insurer shall not be exonerated from payment of compensation in case of vehicle not bearing permanent registration certificate

Bom HC | Insurance contract give rise to reciprocal promises; Insurer entitled to recover the amount paid to third party under a ‘cancelled policy’ from the insured

Del HC | Injured not entitled to compensation towards future treatment or disfigurement where disability suffered is temporary

P&H HC | Appeal against compensation under MV Act dismissed as insurer fails to show driver’s license was invalid

Burden to prove non-receipt of insurer’s letter of cancellation of insurance lies on the insured: Kerala HC

Kerala HC Full Bench overrules 3-Judge Bench: Absence of fitness certificate to vehicle is a fundamental breach by insured; entitles insurer with right to recovery

Owner of vehicle exonerated from recovery right granted to Insurer in view of sub-section 3(b) of Section 66 of MV Act

A genuine claim is not to be rejected by the insurer only on account of delay in its submission

Fake driving licence, per se, does not absolve insurer of liability to pay compensation: SC