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Future Generali India Insurance Co Ltd vs Manjula Aubrey Tomlinson Christi on 20 October, 2023

12.15 In ICICI Lombard v. Mangala wife of Dhanapal Patil, by Karnataka Circuit Bench at Dharwad rendered in MFA no.20365/2008 relied upon by advocate Ms. Pathak, the insurance company in the appeal was challenging the order and award Page 21 of 86 Downloaded on : Mon Oct 23 20:41:28 IST 2023 NEUTRAL CITATION C/FA/1769/2021 JUDGMENT DATED: 20/10/2023 undefined passed by the Commissioner for workman compensation, where the case was urged about the death by the use of the vehicle for commercial purpose, namely loading and unloading of the mud, for laying the road which amounted to violation of the policy condition as the owner had not used the vehicle for agriculture purpose.
Gujarat High Court Cites 15 - Cited by 0 - G Gopi - Full Document

Oriental Insurance Co Ltd vs Smt Shivnanjamma on 12 April, 2018

7. Learned counsel Sri C.Puttaswamy, relied upon the decision of this Court in the case of Manager, 6 ICICI Lombard General Insurance Company Limited Vs. Mangala and others reported in 2018 ACJ 291 and also on the decision of the Hon'ble Supreme Court in the case of United India Insurance Company Limited Vs. Sunil Kumar and another reported in 2018 ACJ 1, and submits that, in the instant case, overall conclusion of the case is rider of motor cycle Shankar died before finding on negligence could be determined finally. Under the circumstances, it cannot be invariably branded that he was responsible for his own death.
Karnataka High Court Cites 5 - Cited by 0 - Full Document

The New India Assurance Co., Ltd., vs Jaffarsharif S/O. Shaheblal Shaikh, on 20 March, 2018

3. The counsel for the insurance company next contended that the claimant himself has stated that his monthly wages were Rs.5,000/- including batta and therefore, the statutory limit being Rs.40,000/- annually, the Tribunal did not have jurisdiction at all and the Tribunal could not have scaled it down to acquire one. This aspect has been considered by this Court in the case of The Manager, ICICII Lombard General Insurance Company Ltd., vs. Mangala and others in M.F.A.No.128/2011 (MV) decided on 02.01.2017, holding that irrespective of the claim made by the injured, it is the Tribunal which has to decide what the wages he was earning and therefore, the MACT has jurisdiction. Consequently, this contention also fails.
Karnataka High Court Cites 3 - Cited by 0 - K S Dixit - Full Document

Jaffarasharif S/O. Shebulal Shaheblal ... vs The New India Assurance Co. Ltd., on 20 March, 2018

3. The counsel for the insurance company next contended that the claimant himself has stated that his monthly wages were Rs.5,000/- including batta and therefore, the statutory limit being Rs.40,000/- annually, the Tribunal did not have jurisdiction at all and the Tribunal could not have scaled it down to acquire one. This aspect has been considered by this Court in the case of The Manager, ICICII Lombard General Insurance Company Ltd., vs. Mangala and others in M.F.A.No.128/2011 (MV) decided on 02.01.2017, holding that irrespective of the claim made by the injured, it is the Tribunal which has to decide what the wages he was earning and therefore, the MACT has jurisdiction. Consequently, this contention also fails.
Karnataka High Court Cites 3 - Cited by 0 - K S Dixit - Full Document
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