[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
4 months ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

Live Law  

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference being drawn against it, reaffirming established principles of evidence law and the insurer's liability under the Motor Vehicles Act, 1988. Aggrieved by the Tribunal's decision, the insurer, ICICI Lombard General Insurance, preferred an appeal before the High Court, arguing that the accident was not caused by the motorcycle but by a bus, as suggested in the inquest report. 05 of 2022, the adverse inference would be drawn against the Insurance Company for the same; while from the documentary and oral evidence on record adduced by the claimant this fact is well proved that the said accident was caused by the offending motorcycle No. JH-10BQ9650.” The Court upheld the Tribunal's finding that the accident was caused by the rash and negligent driving of the offending vehicle, ruling in favor of the claimant and against the owner and the Insurance Company, requiring no interference.

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History of this topic

Top court calls for direct transfer of aid to motor accident victims
2 days ago

Top court calls for direct transfer of aid to motor accident victims

Hindustan Times  

The Supreme Court has directed that compensation awarded in motor accident claims should be directly transferred to the bank accounts of victims rather than being deposited with the Motor Accident Claims Tribunals first “so that insurance companies and the claimants are saved from hassles of the court processes”. The court also referenced previous rulings mandating direct bank transfers, including Haryana …

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
1 week, 1 day ago

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases

Live Law  

A Single Judge Bench of the Andhra Pradesh High Court comprising Justice A. Hari Haranadha Sarma, while dealing with an appeal contesting the sustainability of an award and decree passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, laid down certain advisory parameters to be followed in Motor Vehicle Accident claims cases while disputing negligence. The order of the …

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court
1 week, 2 days ago

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when the reliability of a private investigator's report in comparison to the official record of police investigation is examined, “presumption as to genuineness will weigh more in favour of the police investigation report.” Single Judge Justice A. Hari Haranadha Sarma was dealing with a case involving an appeal preferred by an insurance …

₹18-lakh relief for family of Ambala man killed in mishap
2 weeks, 5 days ago

₹18-lakh relief for family of Ambala man killed in mishap

Hindustan Times  

Nearly nine years after a 28-year-old man was killed after a speeding car hit his vehicle in Ambala in 2016, the Motor Accident Claims Tribunal has awarded his family a compensation of ₹18.34 lakh. The car driver, Manish Kumar, who lives in Ambala, owner Narinder Singh of Karnal and United India Insurance Company were made opposite parties. After hearing arguments …

Compensation to three electricity accident victims upheld
1 month ago

Compensation to three electricity accident victims upheld

The Hindu  

A division bench of the High Court of Karnataka has upheld the ruling of a single judge who directed electricity distribution and supply companies to pay ₹1.28 crore as compensation to victims, including two minors, of three electricity accidents during 2017-18. The division bench passed the order while dismissing the appeals filed by the Karnataka Power Transmission Corporation Ltd and …

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages
1 month ago

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Live Law  

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation. The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores …

Hyderabad Tribunal orders Rs 24 lakh compensation to family of road accident victim
1 month, 1 week ago

Hyderabad Tribunal orders Rs 24 lakh compensation to family of road accident victim

New Indian Express  

HYDERABAD: The Motor Accidents Claims Tribunal, Secunderabad, recently directed Tata AIG General Insurance Company, along with the owner and driver of a tipper truck, to pay `24 lakh in compensation to the family of a man who died in a road accident on October 5, 2019, at Medchal. The company stated that the tipper’s owner, Singi Election Reddy, had obtained …

[MACT] Tribunal Must Examine Question Of Deceased Being Gratuitous Passenger Before Attaching Liability On Insurance Company: J&K High Court
1 month, 2 weeks ago

[MACT] Tribunal Must Examine Question Of Deceased Being Gratuitous Passenger Before Attaching Liability On Insurance Company: J&K High Court

Live Law  

While remanding a case to the Motor Accident Claims Tribunal, the J&K High Court said that in the present accident case, the fact that the deceased was a gratuitous passenger and not the labourer of the offending truck owner on the date of the accident was not established for the purpose of compensation.The court said that the same could have …

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court
1 month, 2 weeks ago

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident cover of an insurance policy, even when the driver himself was at fault for the accident. 2 lakhs and if such a situation is there, certainly the deceased entered into the shoes of the owner.” The court clarified …

Insurer Cannot Deny Liability Without Proving Contributory Negligence, Delay In Filing FIR No GroundsTo Reject Claim: Jharkhand HC
1 month, 2 weeks ago

Insurer Cannot Deny Liability Without Proving Contributory Negligence, Delay In Filing FIR No GroundsTo Reject Claim: Jharkhand HC

Live Law  

The Jharkhand High Court in a recent judgement had dismissed an appeal filed by an insurance company while reaffirming that in a motor accident compensation claim case, the onus lies upon the insurance company to prove contributory negligence Justice Sanjay Kumar Dwivedi, presiding over the case, emphasized, “So far as the contributory negligence is concerned, no evidence was led and …

Insurance company directed to pay woman who underwent surgery in non-network hospital
2 months, 1 week ago

Insurance company directed to pay woman who underwent surgery in non-network hospital

The Hindu  

The Madurai Bench of the Madras High Court has directed an insurance company to pay ₹1.22 lakh to a woman from Madurai who underwent surgery in a non-network hospital. Swaminathan and S. Srimathy took note of the fact that the nodal officer of United India Insurance Company, Madurai was a party to the committee meeting. The court observed that if …

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case
2 months, 1 week ago

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

Live Law  

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Sarla Verma and Ors vs Delhi Transport Corporation and Anr., which provides, “the deduction towards personal and living expenses of the deceased, should be one-third where the number …

Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC
2 months, 2 weeks ago

Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has ruled that a claim bill cannot be equated to a notice required under Section 16 of the Carriage by Road Act, as per which legal proceedings cannot be initiated against a common carrier unless a notice in writing was served on them. Ltd. does not contain any of the essential ingredient …

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court
2 months, 2 weeks ago

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court

Live Law  

The Supreme Court has reiterated that in motor accident claim cases, police records can be looked into by the Tribunal/Court to determine the question of negligence.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal referred to Mangla Ram v. Oriental Insurance Co. Ltd. and Ors which held that charge sheet and other documents collected by the police during the …

Unjustified Deductions: Delhi State Commission Holds Canara Bank And Bajaj Insurance Liable For Deficiency In Service
2 months, 3 weeks ago

Unjustified Deductions: Delhi State Commission Holds Canara Bank And Bajaj Insurance Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held Canara Bank and Bajaj Allianz Life Insurance liable for deficiency in service for unjustifiably deducting balance amount from the complainant's account. Brief Facts of the Case The complainant alleged that the Canara Bank, acting as a corporate agent for the Bajaj Allianz Life Insurance, pressured her …

Two insurers rejected her father's death claims. She took them on and won ₹26 lakh.
2 months, 3 weeks ago

Two insurers rejected her father's death claims. She took them on and won ₹26 lakh.

Live Mint  

Delhi resident Gyan Chand and his wife Mahadevi bought a flat worth ₹50 lakh in Noida in 2017. Ambesh emailed the insurance company several times to get the claim under the group accident policy, but it was rejected. "I got hold of the insurance document and the bank statement showed that the bank would deduct ₹200 every year for the …

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts
2 months, 3 weeks ago

Baramulla Consumer District Commission Holds Insurance Company Liable For Non-Settlement Of Genuine Claim Amounts

Live Law  

The Baramulla District Consumer Disputes Redressal Commission has held Reliance General Insurance company liable for repudiating the genuine insurance claim of the complainant in an unreasonable manner. Brief background: The complainant purchased a vehicle truck TATA Signa from Fear Deal TATA motors in Srinagar and got it insured with Reliance General Insurance company for an amount of Rs. The Insurance …

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award
2 months, 3 weeks ago

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

Live Law  

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license. Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the …

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded
2 months, 3 weeks ago

Percentage Of No Claim Bonus Should Be Reduced From Claimed Amount: Uttarakhand State Commission Modifies Amount Awarded

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani and Mr. B.S. Manral held that the percentage of No Claim Bonus that has already been availed from the previous insurance company should be reduced from the claimed amount by the complainant. Later, on 12.09.2016 the car was insured with United India Insurance Company Limited for the 2nd …

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
2 months, 3 weeks ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount
3 months ago

Uttarakhand State Commission Holds National Insurance Liable For Deficiency In Service Over Denial Of Legitimate Claim Amount

Live Law  

The Uttarakhand State Commission, presided by Mr. M.K. Singh held National Insurance liable for deficiency in service and upheld the District Commission's order. Consequently, the insurer appealed before the State Commission of Uttarakhand. Contentions of the Insurer The insurer argued that the complainant breached policy terms and did not intimate the theft promptly. However, the complainant contended that the insurer …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
3 months, 1 week ago

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

Live Law  

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old. The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. Instead …

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence
3 months, 1 week ago

Chandigarh State Commission Holds New India Assurance Company Liable For Rejecting Insurance Policy Due To Unreliable Evidence

Live Law  

The State Consumer Disputes Redressal Commission, Chandigarh presided by Justice Raj Shekhar Attri and Mr. Rajesh K. Arya held 'New India Assurance Company Limited' liable for rejecting the insurance policy of the complainant on the basis of unreliable evidence about alcohol consumption by the complainant. Brief facts: The complainant insured his Honda Jazz car for ₹4,80,000/- with New India Assurance …

Uttarakhand State Commission Holds United India Insurance Company Liable For Rejecting Insurance Claim Suffered Due To Heavy Rains
3 months, 1 week ago

Uttarakhand State Commission Holds United India Insurance Company Liable For Rejecting Insurance Claim Suffered Due To Heavy Rains

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand presided by Ms. Kumkum Rani and Mr. B.S. Manral, held United India Insurance Company liable for rejecting the insurance claim of the complainant as loss suffered due to heavy rain was covered under the terms of their insurance policy. The commission relied on importance of surveyor's report and modified the compensation amount accordingly, …

Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service
3 months, 1 week ago

Burden of Proof On Insurer To Substantiate Reasons For Denial Of Claim : Telangana State Commission Holds LIC Liable For Deficiency In Service

Live Law  

The Telangana State Commission, presided by Smt. V. V. Seshubabu held Life Insurance Corporation liable for deficiency in service and held that the burden of proof to prove the basis for the repudiation of claim lies with the insurer. Brief Facts of the Case The complainant's deceased husband had a life insurance policy worth Rs. Observations by the State Commission …

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal
3 months, 2 weeks ago

Additional Claims Cannot Be Made Once The Claim Is Accepted Unconditionally: Uttarakhand State Commission Allows Insurance Company's Appeal

Live Law  

The Uttarakhand State Consumer Disputes Redressal Commission bench of Ms. Kumkum Rani and Mr. B.S. Being aggrieved, the Complainant filed a complaint before the District Consumer Disputes Redressal Commission, Haridwar against the insurance company. Contentions of Reliance General Insurance Co. Ltd: The Appellant contended complainant was engaged in commercial activity and was not entitled to any compensation from the insurance …

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court
3 months, 2 weeks ago

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage. The Tribunal had directed the Insurance Company to pay compensation with interest at 6% per annum and an additional penal interest of 9% if the amount was not paid within …

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission
3 months, 2 weeks ago

Denial Of Insurance Claim Is Justified In Case Of Breach Of Insurance Contract By The Insured Person: Delhi State Commission

Live Law  

Delhi State Consumer Disputes Redressal Commission ruled that denial of insurance claim by “United India Assurance Co. ltd.” is valid where the insured person violates the terms of insurance policy. A coram of President Sangita Dhingra Sehgal and Judicial member Pinki held that non-submission of requisite and essential documents,as per the terms of policy, by the Complainant for due assessment …

Dealer Responsible For Repairing Product If Insurance Facilitated Through Them : Uttarakhand State Commission
3 months, 2 weeks ago

Dealer Responsible For Repairing Product If Insurance Facilitated Through Them : Uttarakhand State Commission

Live Law  

The Uttarakhand State Commission, presided by Mr. M. K. Singhal and Mr. C.M. Singh held a dealer responsible for the repair/ replacement of the product as the insurance was indirectly facilitated by them and the customer had already paid the insurance premium. As a result, the complainant filed a complaint before the District Commission against both the dealer and the …

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
3 months, 2 weeks ago

Anantapur District Commission Holds Shriram General Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The District Consumer Disputes Redressal Commission, Anantapur bench of Smt. D. Grace Mary and Sir B. Gopinath held 'Shriram General Insurance Company Limited' liable for deficiency in service for its failure to settle a valid claim amount assessed under IRDA approved survey findings. Observations of the Commission: The District Commission observed that the Insurance Company had appointed an IRDA-approved surveyor …

Injury Must Be Direct Cause Of Death To Claim Insurance Under Accidental Death: Telangana State Commission Dismisses Appeal Against United India Insurance
3 months, 2 weeks ago

Injury Must Be Direct Cause Of Death To Claim Insurance Under Accidental Death: Telangana State Commission Dismisses Appeal Against United India Insurance

Live Law  

The Telangana State Commission, presided by Smt. V. V. Seshubabu held that to claim the insurance policy under accidental death, the insured's death should directly have been caused by the injury in question. Observations by the State Commission The State Commission highlighted that the complainant's husband, while being taken to the operation theatre for a spinal fusion surgery, suffered a …

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers
3 months, 3 weeks ago

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers

Live Law  

The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident. Relying upon the Apex Court decision in Mater Ayush and provisions of the Minimum Wages Act, the Court fixed the notional income as 17, …

Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court
3 months, 3 weeks ago

Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court

Live Law  

Highlighting the critical role of judicial diligence The Jammu and Kashmir and Ladakh High Court has emphasised that presiding officers of courts and tribunals must maintain unwavering vigilance in conducting legal proceedings. there is both a duty as well as a need for the presiding officers of the courts/tribunals to be unblinkingly watchful in date to date conduct of the …

Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance
4 months ago

Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance

Live Law  

Faced with conflicting Supreme Court decisions, Rajasthan High Court granted compensation to the claimants of a deceased affirming that in cases where the deceased was driving/ riding a borrowed vehicle, he/she steps into the shoes of the owner and thus shall be entitled for compensation towards personal accident cover as per contract of insurance in case premium was charged from …

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident
4 months ago

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

Live Law  

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household. Referring to judgments on the aspect of awarding compensation for future prospects Justice Subhash Chand in its order observed, …

Bihar State Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation of Valid Claim
4 months, 1 week ago

Bihar State Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation of Valid Claim

Live Law  

The State Consumer Disputes Redressal Commission, Bihar bench of Gita Verma and Md. Shamim Akhtar held Bajaj Allianz General Insurance Co. Ltd. liable for deficiency in service for wrongfully repudiating a valid insurance claim despite receiving all required documents. The van was also insured with Bajaj Allianz General Insurance Co. Ltd., with a coverage of Rs. Based on the unchallenged …

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: High Court
5 months ago

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot reduce the payout to a claimant based on ex gratia relief received from the government. The court emphasized that the insurance company is bound to pay the claim against the sum insured, regardless of any government relief received.

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
5 months, 3 weeks ago

Himachal Pradesh State Commission Holds United India Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The State Consumer Disputes Redressal Commission, Himachal Pradesh bench of Justice Inder Singh Mehta held 'United India Insurance Company Limited' liable for wrongful repudiation of a medical claim based on erroneous interpretation of the policy's clauses. Observations of the State Commission: The State Commission observed the condition stated by the Insurance Company for repudiating the claim, was not applicable to …

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
6 months, 1 week ago

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC

Live Law  

The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer. A single judge bench of Justice Anil Kumar Upman referred to Section 166 of the Motor Vehicles Act which lays down that an application for compensation could be filed …

Live Wire Accident: Jharkhand High Court Refuses To Enhance Compensation Based On Subsequent Govt Circulars/ Notifications
6 months, 2 weeks ago

Live Wire Accident: Jharkhand High Court Refuses To Enhance Compensation Based On Subsequent Govt Circulars/ Notifications

Live Law  

The Jharkhand High Court has refused to grant additional compensation to a man claiming that he lost 60% eyesight due to an accident from fall of a live wire in April 2018. It ruled that the accident had occurred before the Gazette notification issued by the Jharkhand State Electricity Regulatory Commission on December 21, 2018, rendering the claim for extra …

East Godavari District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful Repudiation Of Valid Claim
7 months, 3 weeks ago

East Godavari District Commission Holds Aditya Birla Health Insurance Co. Liable For Wrongful Repudiation Of Valid Claim

Live Law  

The District Consumer Disputes Redressal Commission, East Godavari bench of Sri D. Kodanda Rama Murthy, Sri S. Suresh Kumar and Smt. Lakshmi held Aditya Birla Health Insurance Company Ltd. liable for wrongful repudiation of a valid health insurance claim based on pre-existing diseases. Brief Facts: The Complainant obtained a health insurance policy from Aditya Birla Health Insurance Co. Ltd. for …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
7 months, 3 weeks ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

South Mumbai District Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation Of Genuine Claim
8 months, 2 weeks ago

South Mumbai District Commission Holds Bajaj Allianz General Insurance Co. Liable For Wrongful Repudiation Of Genuine Claim

Live Law  

The District Consumer Disputes Redressal Commission, South Mumbai bench of P.G. Kapse and S.A. Petkar held Bajaj Allianz General Insurance liable for deficiency in services due to the repudiation of a genuine claim of theft. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, South Mumbai, Maharashtra against the Insurance Company. The District Commission …

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission
8 months, 3 weeks ago

Courts Must Favour Complainant In Case Of Presence Of Two Interpretations Of Same Clause: Ernakulam District Commission

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held Star Health & Allied Insurance liable for deficiency in service and unfair trade practice. The insurer maintained there was no deficiency in service or unfair trade practice, contested the ₹1,20,000 hospitalization expenses, and argued any liability should be limited to ₹95,286, excluding non-medical expenses. Observations by the District Commission The …

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation
9 months ago

No Proof Of Pre-Existing Disease, Kangra District Commission Holds Star Health And Allied Insurance Co Liable For Wrongful Repudiation

Live Law  

The District Consumer Disputes Redressal Commission, Kangra bench of Hemanshu Mishra, Arti Sood and Narayan Thakur held Star Health and Allied Insurance Co. Ltd liable for deficiency in services due to its unjustified rejection of a genuine claim. The bench held that the Insurance Company repudiated the claim without conducting a proper investigation or obtaining affidavits from treating doctors regarding …

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.
9 months, 1 week ago

Mere Deduction Of Premium Does Not Create Binding Insurance Contract, Uttarakhand State Commission Dismisses Appeal Against New India Assurance Co.

Live Law  

The State Consumer Disputes Redressal Commission, Uttarakhand bench of Kumkum Rani and Mr B.S. The bench dismissed an appeal filed against the New India Assurance Co. by holding that there existed no renewed insurance contract at the time of the loss and the Insurance Company refunded the premium which was automatically deducted by the bank. Feeling aggrieved, the Complainant filed …

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court
9 months, 1 week ago

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court

Live Law  

The Karnataka High Court has held that the principle of pay and recover is not applicable in case a minor boy drives the vehicle and causes the accident. A single judge bench of Justice Hanchate Sanjeev Kumar allowed the appeal filed by The New India Assurance Co Ltd and set aside the order of the tribunal dated 11.08.2014 insofar as …

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence
9 months, 3 weeks ago

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence

Deccan Chronicle  

Hyderabad: Justice Namavarapu Rajeshwar Rao of the Telangana High Court, applying the principle of just compensation, granted more than the amount as compensation in a motor accident case. The RTC contested the matter, the Motor Accidents Tribunal at Hyderabad assessed the compensation at Rs 10 lakh and after deducting 25 per cent of the amount towards contributory negligence on the …

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI
9 months, 3 weeks ago

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI

India TV News  

An RTI report stated that as many as 10,46,163 motor accident claims worth Rs 80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23. The Insurance Regulatory and Development Authority of India in response to the query filed by Supreme Court advocate KC Jain in April, stated that the end of the financial …

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