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The New India Assurance Co. Ltd. and Another Vs. the Delhi Development ...

Court : Delhi

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 148, 149, 151, 152, 160 and 161; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 18, Rule 17-A; Delhi Development Act, 1957 - Sections 53-B(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 523; Delhi Police Act; Motor Vehicles Act, 1988 - Sections 117

Reported in : AIR1991Delhi298; ILR1991Delhi634

time, the defendants were responsible for any loss occasioned to the plaintiffs. U/ S. 148 of the Indian Contract Act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon … person to whom they are delivered is called the 'bailee'. U/ S. 149, the delivery to the bailee may be made by doing anything which … and to make amends or settle the claim, if so advised without litigation. The legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the Government and the

New India Assurance Co. Ltd. Vs. Rula and ors.

Court : Supreme Court of India

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 147(5) and 149; Insurance Act, 1938 - Sections 64VB; Indian Contract Act, 1872 - Sections 2

Reported in : II(2000)ACC751; 2000ACJ630; AIR2000SC1082; 2000(2)ALT45(SC); [2000]100CompCas711(SC); 2000(2)CTC179; (2001)2GLR1219; JT2000(3)SC37; (2000)IIMLJ167(SC); 2000(2)MPHT440; (200; [2000]2SCR148; (2000) 3 SCC 195; (2001)3 SCC1515

Reliance for this purpose has been placed by learned Counsel for the appellant on various provisions of the Contract Act, 1872 and it is contended that since the cheque through which premium was sought to be paid to the … which the policy purports to cover in the case of that person or those classes of persons. 7. Section 149 casts a duty on the insurer to satisfy judgments and awards against persons insured in respect of third

New India Assurance Co. Ltd. Vs. Raghu

Court : Kerala

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(1), (3), (5), 149, 149(1) and 163-A; Insurance Act, 1938 - Sections 64VB and 640VB; Indian Contract Act, 1872

Reported in : I(2002)ACC217; II(2002)ACC552; 2002ACJ217

The High Court dismissed the appellant's appeals. Before the Supreme Court, placing reliance on various provisions of the Contract Act, 1872, the appellant contended that on account of bouncing of the cheque there was a failure of consideration and … as the case may be, a policy of insurance complying with the requirements of this Chapter. Thus the section clearly states that there should be in force a policy. S. 149 of the Motor Vehicles Act states

Appa Rao Vs. Salem Motors and Salem Radios and Electricals

Court : Chennai

Subject : Contract

Acts : Contract Act, 1872 - Sections 149 and 178

Reported in : AIR1955Mad505; (1955)2MLJ188

side appeal fails and isdismissed with costs. Contract - substitution of security - Sections 149 and 178 of Contract Act, 1872 - dispute regarding substitution of security in case of pledge - though security can be substituted either by … is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them (Vide Sections 148 and 172, Contract Act). There was here a delivery of nine vehicles. Of course the plaintiffs' vehicle

The General Manager, Karnataka State Road Transport Corporation, Banga ...

Court : Karnataka

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2(35), 149(2) and 157; Indian Contract Act, 1872 - Sections 10

Reported in : 2001ACJ1480; ILR2000KAR718; 2000(3)KarLJ344

Acts/Rules/Orders:Motor Vehicles Act, 1988 - Sections 2(35), 149(2) and 157;Indian Contract Act, 1872 - Section 10Case Referred:New India Assurance Company Limited v. H. Siddalinga Naika and Others, AIR 1984 Kant. 228JUDGEMENTMohamed

George P. Varghese and anr. Vs. G. Daniel and ors.

Court : Kerala

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 149(2) and 168; Contract Act, 1872 - Sections 25

Reported in : 1998ACJ585; AIR1998Ker120

Motor Vehicles - compensation - Sections 149 and 168 of Motor Vehicles Act, 1988 and Section 25 of Contract Act, 1872 - whether insurance company liable to pay compensation - policy taken after accident by suppression of material fact

Sohan Pal, Munna Lal Vs. the East Indian Railway Company

Court : Allahabad

Subject : Contract

Reported in : (1922)ILR44All218

as that of a bailee for reward as defined in Sections 151, 152 and 161 of the Indian Contract Act of 1872. Those sections, of course, cannot be construed without first interpreting the contract of bailment as defined … in Section 148 of the Indian Contract Act, which again involves the definition of 'Delivery' as contained in Section 149 of the Indian Contract Act, and the two Sections 148 and 149 are equally incorporated with the Railways

National Insurance Company Limited Rep. by Its Divisional Manager Vs. ...

Court : Andhra Pradesh

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 2(10), 2(34), 3, 4, 5, 140, 143A, 145, 146, 147, 147(2), 147(3), 147(5), 149, 149(2), 149(7), 163A and 166; Contract Act, 1872 - Sections 124 and 125; Insurance Act, 1938 - Sections 2(9); Motor Vehicles Act, 1939 - Sections 93 to 111; General Insurance Business (Nationalisation) Act, 1972; Indian Penal Code (IPC), 1860 - Sections 337

Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121

Act does not define word 'insurance' or 'insurance policy'. In common law and as per provisions of Indian Contract Act, 1872, insurance policy is similar contract of indemnity. Section 124 of Contract Act defines 'contract of indemnity' as 'a … against insured notwithstanding that insurer is entitled to avoid or cancel the policy. As per Sub-section (7) of Section 149 of the Act, no insurer shall be entitled to avoid liability to any person entitled to the benefit

United India Insurance Co. Ltd. Vs. A. Narayana Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Insurance Act, 1938 - Sections 2(9), 64VB, 64VB(1) and 64VB(2); Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(4), 147(5), 149 and 149(1); Contract Act, 1872 - Sections 2, 25, 51, 52, 54 and 65

Reported in : 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568

provisions of Section 64-VB of the Insurance Act, 1938 and Sections 51, 52 and 54 of the Indian Contract Act, 1872, their Lordships held:11. Thus the question has now to be considered as the same is the crux of … cheque towards the first installment of the premium and the insurance company issued cover note as contemplated under Section 149 of the M.V. Act, but unfortunately the last day in the year 1993 became last day of the

United India Insurance Co. Ltd. Vs. Santro Devi and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Workmen's Compensation Act, 1923 - Sections 4 and 30; Contract Act, 1872; Motor Vehicles Act, 1988 - Sections 94, 95, 95(5), 145, 146, 147, 147(1), 147(3), 149, 149(1), 149(2), 155 and 157; Insurance Act, 1938

Reported in : 2009ACJ570; 2009(1)AWC502(SC); 2009(2)MhLJ960(SC); 2008(16)SCALE136:2009AIRSCW6472009(1)LHSC74:2009(1)SCC(Cri)582:2009ACJ570

Even according to law the contract cannot be made in favour of dead person. So under the Indian Contract Act, 1872 the alleged contract of Insurance is not liable to pay any amount of compensation. The respondent No. 1 … any contractual liability.11. The insurer could deny its liability on limited grounds as envisaged under Sub-section (2) of Section 149 of the Act. One of the grounds which is available to the insurance company for denying its statutory