Chhattisgarh High Court holds insurers liable to indemnify third parties even if policy was issued post-accident, provided issuance occurred on same day, reinforcing statutory duty under MV Act.
Madhya Pradesh High Court holds that insurers are not liable for accidents occurring outside permitted routes, but must pay victims first and recover from owners under pay and recover principle.
Bombay High Court remands motor accident claim to determine actual driver, holding that Investigating Officer's testimony is crucial to establish liability under insurance policy.
Madhya Pradesh High Court rules that absence of fitness certificate does not exonerate insurer from liability under Motor Vehicles Act when policy contains no such condition.
Madhya Pradesh High Court holds that in MV Act claims, preponderance of probability governs liability; failure to produce insurer's investigator shifts burden decisively to respondent.
Madhya Pradesh High Court holds that unlisted witnesses in criminal cases may testify in motor accident claims if cross-examination doesn't undermine credibility, applying preponderance of probability standard.
Madhya Pradesh High Court rules that delay in lodging FIR cannot defeat motor accident compensation claims if claimant demonstrates valid reasons like hospitalization.
Kerala High Court holds insurers liable only for permitted passengers in overloaded vehicles, directing proportional payout of highest award and recovery from owner.
Punjab and Haryana High Court holds that appellate courts cannot decide inter se liability between insurer, driver and owner when a prior remand order has specifically reserved it for the Motor Accidents Claims Tribunal.
Bombay High Court holds that claimants in industrial death cases may withdraw 50% of deposited compensation pending appeal, balancing immediate relief with appellate integrity.
Madras High Court holds that contributory negligence cannot be inferred merely because a vehicle hits another from behind; burden lies on insurer to prove it.
Kerala High Court clarifies that compensation for pain, suffering, and loss of amenities is independent of disability percentage and must be awarded based on injury severity and lifestyle impact.
Madhya Pradesh High Court holds that in car-motorcycle collisions, contributory negligence of the two-wheeler rider should not exceed 25%, reinforcing equitable liability allocation under the Motor Vehicles Act.
Tripura High Court holds that mere presence of pillion riders on a motorcycle does not establish contributory negligence in accident claims; compensation restored in full.
Gujarat High Court holds insurers must pay third-party compensation even when driver lacks license, applying 'pay and recover' doctrine under Motor Vehicles Act.