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Start Free TrialMarine Insurance Act, 1963 Section 56
Title: Partial and Total Loss
State: Central
Year: 1963
(1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss. (2) A total loss may be either an actual total loss, or a constructive total loss. (3) Unless a different intention appears from the terms of the policy, an insuranace against total loss includes a constructive, as well as an actual, total loss. (4) Where the assured brings a suit for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5) Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any is partial and not total.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 60
Title: Constructive Total Loss Defined
State: Central
Year: 1963
.....any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred. (2) In particular, there is a constructive total loss-- (i) where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or (ii) in the case of damage to a ship, where she is so damaged by a peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired. In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if.....
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 61
Title: Effect of Constructive Total Loss
State: Central
Year: 1963
Where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subject-matter insured to the insurer and treat the loss as if it were an actual total loss.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 57
Title: Actual Total Loss
State: Central
Year: 1963
(1) Whether the subject-matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss. (2) In the case of an actual total loss no notice of abandonment need be given.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 68
Title: Total Loss
State: Central
Year: 1963
Subject to the provisions of this Act, and to any express provision in the policy, where there is a total loss of the subject-matter insured-- (1) if the policy be a valued policy, the measure of indemnity is the sum fixed by the policy; (2) if the policy be an unvalued policy, the measure of indemnity is the insurable value of the subject-matter insured.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 19
Title: Limit of Liability of Multimodal Transport Operator for Total Loss of Goods
State: Central
Year: 1993
The multimodal transport operator shall not, in any case, be liable for an amount greater than the liability for total loss of goods for which a person will be entitled to make a claim against him under the provisions of this Act.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 77
Title: Successive Losses
State: Central
Year: 1963
(1) Unless the policy otherwise provides, and subject to the provisions of this Act, the insurer is liable for successive losses, even though the total amount of such losses may exceed the sum insured. (2) Where, under the same policy, a partial loss, which has not been repaired or otherwise made good, is followed by a total loss, the assured can only recover in respect of the total loss: Provided that nothing in this section shall affect the liability of the insurer under the suing and labouring clause.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 71
Title: Partial Loss of Goods, Merchandise, Etc
State: Central
Year: 1963
.....its destination, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value; (4) "Gross value" means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value. "Gross proceeds" means the actual price obtained at a sale where all charges on sale are paid by the sellers.
View Complete Act List Judgments citing this sectionPrevention of Destruction and Loss of Property Act, 1981 Preamble 1
Title: Prevention of Destruction and Loss of Property Act, 1981
State: Karnataka
Year: 1981
THE PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 [Act, No. 47 of 1981] [29th September, 1981] PREAMBLE An Act to provide for punishment of certain acts in respect of property and imposition of collective fine to recover the loss or damage sustained by such acts. WHEREAS it is expedient to provide for punishment of certain acts in respect of property and imposition of collective fine to recover the loss or damage sustained by such acts; BE it enacted by the Karnataka State Legislature in the Thirty--second Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionPrevention of Destruction and Loss of Property Act, 1981 Complete Act
Title: Prevention of Destruction and Loss of Property Act, 1981
State: Karnataka
Year: 1981
Preamble 1 - PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981 Section 1 - Short title and commencement Section 2 - Punishment for committing mischief in respect of property Section 3 - Special provision regarding bail Section 4 - Power of State Government to impose collective fine Section 5 - Power to make rules Section 6 - Repeal and savings
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