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insurer

recover motor accident compensation
Case BriefsSupreme Court

Insurer has no right to recover motor accident claim compensation from insured vehicle owner for driver’s fake licence: SC

The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.

Published on November 2, 2023November 6, 2023By Deeksha
1 Comment6943 views
marine hull insurance policy
Case BriefsSupreme Court

Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured’s failure to comply with warranty class; SC upholds NCDRC order

Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.

Published on August 17, 2023August 17, 2023By Apoorva
4 Comments2778 views
Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

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

Published on March 18, 2023March 23, 2023By Sucheta
Leave a comment2910 views
National Consumer Disputes Redressal Commission (NCDRC)
Case BriefsTribunals/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

Published on December 27, 2022January 6, 2023By Editor_4
Leave a comment2640 views
Case BriefsTribunals/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

Published on June 22, 2021June 22, 2021By Bhumika Indulia
1 Comment5078 views
Case BriefsSupreme 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

Published on June 11, 2021June 18, 2021By Prachi Bhardwaj
Leave a comment4478 views
Case BriefsHigh 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

Published on November 30, 2020December 5, 2020By Bhumika Indulia
Leave a comment3206 views
Case BriefsHigh 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;

Published on May 20, 2020May 29, 2020By Bhumika Indulia
Leave a comment3446 views
Case BriefsHigh 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

Published on November 18, 2019November 25, 2019By Bhumika Indulia
Leave a comment2396 views
Case BriefsHigh 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

Published on October 9, 2019October 18, 2019By Bhumika Indulia
1 Comment2699 views
Case BriefsHigh 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

Published on July 10, 2019July 11, 2019By Bhumika Indulia
Leave a comment2280 views
Case BriefsHigh 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

Published on July 10, 2019July 11, 2019By Bhumika Indulia
Leave a comment3322 views
Case BriefsHigh 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

Published on April 18, 2019April 19, 2019By Bhumika Indulia
Leave a comment2490 views
Case BriefsHigh 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

Published on March 1, 2019March 5, 2019By Bhumika Indulia
Leave a comment2326 views
Case BriefsHigh 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

Published on January 14, 2019January 18, 2019By Bhumika Indulia
Leave a comment3780 views
Case BriefsHigh 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

Published on December 1, 2018December 4, 2018By Bhumika Indulia
Leave a comment2592 views
Case BriefsHigh 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

Published on October 17, 2018October 22, 2018By Bhumika Indulia
1 Comment8886 views
Case BriefsHigh Courts

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

Delhi High Court: A Single Judge Bench comprising of Sunil Gaur, J. allowed an appeal filed against the order of the Motor

Published on August 26, 2018August 25, 2018By Bhumika Indulia
2 Comments3856 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

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

National Consumer Disputes Redressal Commission (NCDRC): A Singh Member Bench of V.K. Jain, Member, dismissed a revision petition filed against the order

Published on August 22, 2018August 23, 2018By Bhumika Indulia
1 Comment4523 views
Case BriefsSupreme Court

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

Supreme Court: A.M. Khanwilkar, J. delivered the judgment for CJ Dipak Misra and himself whereby the matter concerning the liability of the

Published on August 16, 2018August 18, 2018By Bhumika Indulia
1 Comment8155 views

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