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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Hussainsab S/o Maliksab M ...

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

The Divisional Manager The New India Vs. Hussain Sab S/o Malik Mulla

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Mutturaj Madiwalappa Ghar ...

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Smt. Haripriya W/o Shrika ...

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Mallappa Bhimappa Gasti

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Vadiraj Anantrao Walvekar

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

The Divisional Manager Vs. Vadiraj Anantrao Walvekar

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

Bajaj Allianz General Insurance Co.ltd., Vs. Venkatesh Ramappa Chalawa ...

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

The Divisonal Manager, Vs. Smt.haripriya W/o Shrikant Joshi,

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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Aug 22 2024 (HC)

The Divisional Manager The New India Vs. Mutturaj Madiwalappa Gharshin ...

Court : Karnataka Dharwad

..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....

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