Construction Arbitration: Navigating Risks, Resolving Disputes, and Securing Damages
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 13
Insurance
Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923
“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”
Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court
Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.
Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers
While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company
Khaitan & Co releases ‘Foresight 2023’ on sharper laws, active regulatory oversight and new reforms to encourage foreign investments
Sharper laws, active regulatory oversight and new reforms to encourage foreign investments in promising sectors can provide a springboard to the economy,
Undertrial prisoners cannot be detained in custody for an indefinite period: Delhi High Court
The Delhi High Court while granting bail to a man accused of cheating held that undertrial prisoners cannot be placed in custody for indefinite periods of time when a speedy trial does not appear to be a possibility.
Read how a complainant’s acts and omissions vis-a-vis a JCB machine’s accident, led the NCDRC to draw an adverse inference in favour of the Insurer
In the instant matter the National Consumer Disputes Redressal Commission had to determine whether the complainant's JCB machine had fallen down or overturned for the purposes of an insurance claim
Providing medical education and health care services through a hospital amount to business; Maharashtra Appellate Authority for Advance Ruling upholds
The service of medical education falls under the category of “educational institution” as defined under the GST law, and accordingly, it was held that the medical education services provided by the appellant to the students will attract nil rate of GST. Further, as the appellant’s hospital is engaged in providing diagnosis and treatment of the patients, hence, their services can be termed as “health care services”, and accordingly held that the said services will be exempt from the payment of GST.
Karnataka HC | Can Insurance Company’s liability be absolved in cases where the insured vehicle’s driver dies due to cardiac arrest while the vehicle was parked at the time of death?
Karnataka High Court: While deciding the instant appeal wherein the issue was whether the liability of the Insurance Company is
Whether Head cooks and cooks employed under Mid-Day Meal Scheme covered under Minimum Wages Act, 1948? Karnataka High Court analyses
Karnataka High Court: In a case filed by a social activist seeking direction to State to provide minimum wages to the women
NCDRC| Points of law regarding ‘limitation’ and ‘consumer’ should not be raised in revision just for the sake of prolonging a case
“The purpose of looking into the records of the lower fora in revision is principally to see whether any jurisdictional error or material irregularity has been committed, which has to be judged by seeing their orders in the light of the evidence and material placed before them i.e., the material which they were privy to when they passed their orders”
Supreme Court June 2022 Roundup| Clean chit to PM Modi; Maharashtra Political Crisis; Psychological Evaluation of Death Row Convicts; and more
Top Stories of the Month Clean Chit to PM Modi in 2002 Gujarat riots case “SIT Officials have come out with flying
Are LR’s eligible for insurance claim, even WHEN the policy was purchased after death? Madhya Pradesh HC answers
Madhya Pradesh High Court: While dismissing an appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging award passed by
Can insurer rely on statutory interpretation of “acts of terrorism” to repudiate insurance claim where the policy itself defines the term? Supreme Court decides
Supreme Court: In an insurance repudiation case the Division Bench of Ajay Rastogi and Abhay S. Oka*, JJ., held that where the insurance policy expressly
Explained| Date of dispatch/shipment: Is it when the loading commences or when the loading completes?
Supreme Court: The 3-judge Bench comprising Uday Umesh Lalit, S. Ravindra Bhat*, Pamidighantam Sri Narasimha, JJ., reversed NCDRC’s findings where it had
Weekly Rewind Ep. 63| Sex Workers’ right to dignity; Hindu Women’s right to property; right to dissent; freedom of press; and more
Top Story of the Week Aadhaar Card for Sex Workers| Supreme Court bats for sex workers’ right to dignity; directs UIDAI to
Insurance companies refusing claims on flimsy/technical grounds must stop! Don’t ask for documents that insured can’t produce: Supreme Court
Supreme Court: In a case where an Insurance Company had refused to settle an insurance claim on non-submission of the duplicate certified
If a person conceals facts about pre-existing fatal disease at the time of taking insurance, would it be a breach of insurance contract? NCDRC explains
National Consumer Disputes Redressal Commission (NCDRC): The Coram of Dinesh Singh (Presiding Member) and Karuna Nand Bajpayee (Member) upheld the decision of
Explained| Can an insurance claim be repudiated in case of delay in informing the Insurance Company regarding the theft of vehicle?
Supreme Court: The bench of Sanjiv Khanna and Bela M. Trivedi, JJ has held that an Insurance Company cannot repudiate a claim
“A prudent insurer has to gauge possible risks”; Insurer can’t repudiate mediclaim alleging pre-existing illness where policy was issued after considering necessary medical records: SC
Supreme Court: The Division Bench of Dhananjaya Y Chandrachud and B.V. Nagarathna*, JJ., held that if on the consideration of the medical