Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC
4 days, 22 hours 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 to fulfil same and treat same as notice.” The court also observed that under Section 16 the Carriage by Road Act provides that before institution of suit or legal proceedings, it is necessary to serve a notice of demand in writing. After hearing the contentions, the high court highlighted the apart from the claim bill, no other document was presented by the Insurance Company for complying with Section 16 of the Act. in which it was held that, “in case of claim for loss of consignment, the invocation of principles under Section 16 is a mandatory provision and before complying the same the suit cannot be filed.” In this background, the Court opined that the Insurance Company did not serve a specific notice to the petitioner setting out the cause of action, damage, loss and relief and a claim bill could not be treated same as a notice as it did not fulfil any of the essential ingredients.

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[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
1 month, 3 weeks 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 …

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court
1 year, 9 months ago

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

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The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions. In order to address the question as to whether, in the face of aforesaid provision, the present …

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
2 years, 3 months ago

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC

Live Law  

The Kerala High Court on Friday held that compensation could not be awarded to the heirs of the deceased, who 'stepped into the shoes of the owner', by borrowing the vehicle and whose rash and negligent driving brought about his own death.Justice Sophy Thomas, while setting aside the order of the Motor Accident Tribunal granting compensation to the heirs of …

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
2 years, 10 months ago

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance …

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer
2 years, 11 months ago

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Live Law  

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck. Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note …

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine
3 years, 3 months ago

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine

Live Law  

The Supreme Court on Tuesday stayed the operation of a Jharkhand High Court's order which allowed the claim in the case of a motor accident, that occurred a day prior to the coverage of the insurance period, but in which the insurance premium was paid on the very day of the accident.The Bench of Justice Sanjay Kishan Kaul and Justice …

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