SCC Snippets| Contract of Insurance vis-à-vis the requirement of uberrima fides
In Vikram Greentech (I) Ltd. v. New India Assurance Co. Ltd., (2009) 5 SCC 599, the bench of DK Jain and RM
Insurance
MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC
Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make
IRDAI issues IRDAI (Trade Credit Insurance) Guidelines, 2021
The Insurance Regulatory and Development Authority of India has published revised guidelines on Trade Credit insurance on 8th September 2021. The guidelines shall
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
Gau HC | People with insurance cover suffering from COVID denied treatment at private hospitals; Court to hear PIL
Gauhati High Court: The Division Bench of Sudhanshu Dhulia, CJ. and Manash Ranjan Pathak, J., took up a PIL wherein the counsel
No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court
“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”
[MV Act] Does Claims Tribunal possess any authority to award costs? Supreme Court to decide
Supreme Court: Taking note of an important legal question raised by the High Court of Kerala while hearing a Motor Vehicle Accident
NCDRC | Will an Insurance Company be obligated to notify the insured in regard to his policy being expired? Read in light of S. 50 of Insurance Act
National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Section 50 of the Insurance Act imposes a statutory obligation
CCI approves acquisition of stake by Axis Bank Limited, Axis Capital Limited & Axis Securities Limited in Max Life Insurance Company Limited
The Competition Commission of India (CCI) approves the acquisition of stake by Axis Bank Limited, Axis Capital Limited and Axis Securities Limited
[MV Act] Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied
Karnataka High Court: Ashok S. Kinagi J., allowed the appeal and applied the pay and recover principle fastening the liability on the
Ker HC | The aim of compensation is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record; HC reiterates legal position
Kerala High Court: Anil K, Narendran, J., allowed this Motor Accident Claim Appeal filed against the order of Motor Accidents Claims Tribunal.
[MV Act] Kar HC | Will the insurance company be liable for compensation if the vehicle was insured as ‘private vehicle’ but plyed on ‘hire’ at the time of accident? HC decides
Karnataka High Court: Hemant Chandangoudar J., dismissed the appeal and upheld the impugned award and judgment regarding compensation. The facts of the
Bom HC | Excessive compensation awarded by MACT in light of deceased pursuing M.Com and taking into consideration an imaginary figure in respect of salary — Modified
Bombay High Court: Vibha Kankanwadi, J. partly modified the award granted by Motor Accident Claims Tribunal on being challenged. The trail of
NCDRC | Claim for insurance not maintainable where the insured does not prescribe to the terms of insurance policy
National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) dismissed an appeal filed by a jeweller, assailing repudiation of his
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
Deposit challan is a proof of valid and running insurance policy
Chhattisgarh High Court: The petition filed by the National Insurance Co. seeking to evade its liability to indemnify the petitioner, was dismissed
Single GST registration for airlines, banks and insurance sector on the anvil
The government is considering a nationwide single GST registration process for the aviation, banking and insurance sectors. A single registration will potentially
Quantum of compensation for a bachelor’s accidental death depends on the number of dependants on the income
Hyderabad High Court: The Single Bench partly allowed an insurance claim petition reducing the quantum of compensation granted to the respondents. The
Life insurance claim cannot be denied on the ground that patient refused treatment
Punjab and Haryana High Court: An appeal was filed by the Oriental Insurance Company challenging the order of the lower court which had
“Owner” under Section 2(30) of the Motor Vehicle Act, 1988 interpreted
Supreme Court: The questions that came before the bench of H.L. Dattu, CJ and Arun Mishra, J were whether in the wake