Supreme Court orders integration of road accident portals so that accident reports, vehicle and insurance records and earlier claim histories can be cross-checked, in a bid to stop fraudulent motor accident claims. The Court also issued show-cause notices to heads of insurers who did not appear in person. New Delhi: The Supreme Court has directed […]
The Rajasthan High Court has enhanced motor accident compensation from Rs 6,15,500 to Rs 13,18,650, holding that allowances forming part of the employment package must be counted in the deceased’s income.
The Allahabad High Court has held that motor accident compensation can be enhanced even where the claimants have filed no cross-appeal, once the insurer has appealed against the quantum awarded, and has raised an award of Rs 7.20 lakh to Rs 11.43 lakh. Lucknow: The Allahabad High Court has enhanced the compensation awarded to the […]
The Rajasthan High Court has directed Shriram General Insurance to first pay Rs 4.81 lakh with interest to a boy injured at age 10 while travelling in a goods vehicle, with liberty to recover it from the owner and driver, holding that the absence of a passenger permit justified recovery but not complete exoneration of the insurer.
The Supreme Court has set aside an NCDRC order that had directed New India Assurance to pay Rs 2.4 crore on a fire-insurance claim, holding that the insured had projected a false and inflated claim in breach of the policy conditions, and that the Commission could not brush aside the reports of the surveyors, which negated the claim on facts, without the insured pointing to any specific statutory deficiency in them. The insured’s cross-appeal seeking a higher award was dismissed.
A four-year-old was killed by a car driven by a man holding only a learner’s licence, who could not prove he was accompanied by an instructor or that the vehicle displayed an ‘L’ plate. The Karnataka High Court held that this breach of Rule 3 of the CMV Rules absolved the insurer of liability, but directed it to pay the compensation to the bereaved parents and recover it from the owner-driver.
The Karnataka High Court ruled that a second wife and daughter dependent on a deceased accident victim cannot be denied compensation. The Court held that dependency, not a narrow definition of legal heirs, determines entitlement under the Motor Vehicles Act and enhanced compensation by Rs 15 lakh.
The Supreme Court held that injuries caused by a falling tree branch on a stationary autorickshaw do not automatically qualify as a motor vehicle accident. However, invoking Article 142, the Court enhanced compensation for the claimant, emphasizing that a proximate connection between the vehicle and accident is necessary.
The District Consumer Disputes Redressal Commission (East), Delhi held Star Health and Allied Insurance Co. Ltd. liable for deficiency in service after wrongly rejecting Anuradha Narang’s health insurance claim, ruling that incidental diagnoses cannot justify denial when treatment was for a covered illness.
The Bombay High Court denied railway accident compensation to an intoxicated passenger who admitted consuming four large pegs of alcohol before being hit while standing dangerously close to the platform edge. The Court said intoxication shows negligence, barring compensation.
