#Insurance Claims

The Bombay High Court set aside a Lok Adalat award imposing 9% and 15% monthly interest on an insurance claim, ruling that such an interpretation directly contradicts the unambiguous language of the tripartite agreement, which only references 9% and 15% without specifying monthly compounding. This reinforces that contractual interpretation in insurance disputes must adhere strictly to textual precision, not speculative extrapolation - a critical warning to arbitral forums and insurers alike.

The Kerala High Court affirmed that common carriers are absolutely liable for goods damage during transit under Section 7 of the Carriers Act 1865, and that insurers automatically acquire subrogation rights upon indemnifying the consignor -无需 formal subrogation letters. This clarifies a critical procedural shortcut for insurance claims in logistics disputes, reducing litigation barriers for carriers and insurers alike.

The Karnataka High Court has ruled that married daughters of a deceased road accident victim are entitled to compensation for loss of dependency under the Motor Vehicles Act, even if they were not financially dependent on the deceased. This clarifies that familial status, not economic contribution, triggers the right to claim - significantly expanding protection for women heirs in accident compensation cases.

Madhya Pradesh High Court holds that consortium compensation under motor accident claims must be adjusted at 10% every three years per National Insurance Co. v. Pranay Sethi guidelines.

Supreme Court holds that 40% future prospects must be added to fixed-salary victims under 40, and loss of love and affection is subsumed within consortium under MV Act.