The above-mentioned reasoning was pronounced by the Bombay High Court in the matter of The New India Assurance Co. Ltd. vs. Smt. Sushama Mahendra Sonwane (FA. No. 28929 of 2014) on 20.12.2019. Facts: The Appeal […]
The Bombay High Court held that there is a distinction between contractual liability under the contract of insurance (medical) and the statutory liability under the Act and reimbursement under the former cannot be adjusted against […]
The Supreme Court held that a registered owner cannot wriggle out of liability towards a third person in event of an accident, on the mere pretext of the ownership of the vehicle being transferred, if […]
The Allahabad High Court recently held that Section 24 of CPC shall have no applicability to a motor accident claim petition pending before a Motor Accident Claims Tribunal. The judgment was passed by the Allahabad […]
The Madras High Court recently reiterated that insurance companies cannot be held liable to compensate for deaths or injuries of unauthorized/ gratuitous passengers in goods or transport vehicles. The said decision was held in the […]
In a recent judgment, the Supreme Court, held that the adjudicating tribunal has to analyze evidence and pleading to ascertain whether the vehicle owner was aware that the driving license of the driver was […]
The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in […]
The Apex Court in a recent judgment held that there is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for […]
The High Court of Bombay in a recent judgement held that when a copy of order is not supplied to a party by the adjudicating authority and if the same is obtained by the said […]
The Hon’ble Supreme Court in the matter Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors (SLP (C) No. 23086 of 2016) decided on February 02, 2018, dismissed the petition where the insurer challenged […]
Supreme Court in the matter of Sandeep Khanuja Vs. Atul Dande; Civil Appeal no. 1329/2017 decided on 2nd Feb, 2017 held that the crucial factor which has to be taken into consideration, in a motor […]
The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar […]