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Showing posts with label insurer. Show all posts
Showing posts with label insurer. Show all posts
Wednesday, 8 January 2020

Supreme Court : Borrower of vehicle can not claim compensation from owner or insurer of vehicle U/S 163A of MV Act

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 An identical question came to be considered by this Court in the case of Ningamma (supra). In that case, the deceased was driving a m...
Sunday, 18 August 2019

Whether award passed by motor accident tribunal will be vitiated if driver is not made party to proceeding?

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Thus, the law is that the claimant while filing a claim application is under no obligation to ensure that all necessary and proper partie...
Monday, 1 July 2019

Whether insurer is bound to prove conclusively that intimation of cancellation of policy reached to insured prior to accident

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  A period of one week from the date of dispatch can safely be adopted as the time necessary to serve the letter in the ordinary course af...
Sunday, 12 August 2018

Supreme Court: Motor accident tribunal can apply the doctrine of pay and recover

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Since the reference to the larger bench in Parvathneni case has been disposed of by keeping the questions of law open to be decided in an...

Whether insurer can be permitted to raise defence of negligence U/S 163A of Motor vehicles Act?

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5 The issue which arises before us is no longer res integra and is covered by a recent judgment of three judges of this Court in United In...
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Sunday, 26 November 2017

Whether insurance claim for theft can be refused if there is delay in intimation of theft?

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It is common knowledge that a person who lost his vehicle may not straightaway go to the Insurance Company to claim compensation. At fir...
Sunday, 8 January 2017

Whether joint appeal by owner of vehicle and insurer is maintainable in motor accident case?

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In Shila Datta (supra), the point of maintainability of a joint appeal by the owner of a vehicle and the insurer came up for consideratio...
Sunday, 31 July 2016

Whether insurer is entitled to file appeal only on quantum of compensation?

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Hon'ble the Supreme Court in a case of National Insurance Co. Ltd vs. Nicolletta Rohtagi and others 2002(4) RCR (Civil) 464 wherein H...
Saturday, 21 May 2016

When claimant is entitled to claim damages from insurer of offending vehicle?

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 I have gone through the claim petition, replies and the evidence on record. The case of the claimant before the Tribunal was that in t...
Friday, 13 November 2015

Whether insurer is liable to pay compensation even though there is transfer of vehicle?

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 In view of the decision in HDFC Bank Limited v. Reshma & Ors. (supra), the insurer cannot escape the liability, when ownership change...
Friday, 5 June 2015

Whether insurer can avoid his liability if validity of fitness certificate or permit of vehicle has expired?

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In order to enable the insurance company to take up the defence under Section 149(2)(a)(i)(c) it must be shown that the use of the transpo...
Friday, 3 October 2014

Distinction between “subrogation” and “assignment”

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Supreme Court relied upon the standard textbook Insurance Law by MacGillivray and Parkington (7 th  Edition) in which distinction betwee...