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National Insurance Co. Ltd. Vs. Swaran Singh and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 2, 3, 3(2), 4, 4(3), 6, 7, 7(2), 8, 8(3), 8(4), 9, 9(3), 10, 10(2), 10(3), 12, 14, 15, 18, 19, 20, 21, 22, 23, 24, 27, 75(2), 95, 96(1), 139, 140, 145, 147, 147(1), 147(2) 147(3), 149, 149(1), 149(2), 149(4), 149(5), 149(7), 162, 163A, 165, 166 and 168; Narcotic Drugs and Psychotropic Substances Act, 1985; Motor Vehicles Act, 1939 - Sections 11 and 96(2); Third Parties (Rights against Insurers) Act, 1930; Road Traffic Act, 1930; Road Traffic Act, 1988; Motor Vehicles Rules, 1939 - Rule 16

Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; [2004]118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297; [2004] 1 SCR 180; MANU/SC/0021/2004

the Motor Vehicles Act, 1988 is involved in this batch of special leave petitions filed by the National Insurance Company Limited (hereinafter referred to as Insurer) assailing various awards of the Motor Vehicle Claims Tribunal and judgments … defined in the Act is different from a learner's licence issued under Rule 16 of the Motor Vehicles Rules, 1939 having regard to the factual matrix involved therein.92. The question which arises for consideration in these petitions did … V.N. Khare, C.J. and D.M. Dharmadhikari, S.B. Sinha, JJ.1. Interpretation of Section 149(2)(a)(ii) vis-a-vis the proviso appended to Sub-sections (4) and (5) of the

United India Insurance Company Ltd. Vs. Mohanlal Aggarwal

Court : Gujarat

Subject : Insurance

Acts : Indian Regulatory and Development Authority Act, 1999; Health Insurance Act, 1994 - Sections 9; Companies Act, 1956 - Sections 617; General Insurance Business (Nationalization) Act, 1972 - Sections 2, 3, 9, 9(1), 10A, 14(2), 18(1), 19, 24(1), 24A, 26 and 39(2); Insurance Regulatory and Development Authority Act, 1999 - Sections 14, 14(2), 18(1), 26 and 32; Insurance Act, 1938 - Sections 114A(2); General Insurance Business (Nationalization) (Amendment) Act, 2002 - Sections 18(1); Income Tax Act, 1961 - Sections 36(1), 80D, 119 and 192; Contract Act - Sections 37; Constitution of India - Articles 12, 14, 21, 38, 39, 47 and 226; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rule 8C; Insurance Rules, 1939 - Rule 11

Reported in : 2004ACJ1657

to the prospective buyers of insurance, and should contain such particulars as are mentioned in Rule 11 of Insurance Rules, 1939 and includes a brochure or leaflet serving the purpose. Such a document should also specify the type and … from 2nd January 1973 and the General Insurance Corporation of India was to carry out its objectives under Section 9 of the Act. The Act of 1972 bestowed an exclusive privilege to operate, on the four nationalized … company to the insured, as illegal, arbitrary, unreasonable and violative of Article 14 of the Constitution. A direction was sought on the insurer to renew

United India Insurance Company Limited Vs. Manubhai Dharmasinhbhai Gaj ...

Court : Supreme Court of India

Subject : Insurance

Acts : General Insurance Business (Nationalisation) Act, 1972 - Sections 10A, 19, 19(2), 19(3) and 24A; Insurance Act, 1938 - Sections 114, 114A and 114A(2); Insurance Regulatory and Development Authority Act, 1999 - Sections 3, 3(1), 14 and 26; Insurance Regulatory and Development Authority (Protection of Policyholders' Interest) Regulations, 2002 - Regulations 2(1), 6, 7(1) and 11(4); Indian Contract Act - Sections 23; General Insurance Business (Nationalisation) Amendment Act, 2002; Workmen's Compensation Act, 1923; Motor Vehicles Act, 1988; Legal Services Act, 1987; Legal Services (Amendment) Act, 2002 - Sections 22; Insurance Rules, 1939 - Rule 11; Constitution of India - Articles 12, 14, 47, 136 and 226; Protection of Policyholders' Interests Regulations, 2002

Reported in : 2008ACJ2399; 2008(5)ALLMR(SC)928; (2008)3CALLT1(SC); (2008)3GLR2356(SC); (2008)5MLJ1006(SC); (2008)151PLR644; 2008(7)SCALE377; (2008)10SCC404; 2008AIRSCW7532; AIR2009SC446; 2008AIRSCW7532

to the prospective buyers of insurance, and should contain such particulars as are mentioned in Rule 11 of Insurance Rules, 1939 and includes a brochure or leaflet serving the purpose. Such a document should also specify the type and … was constituted by the Central Government in exercise of its power conferred upon it by Clause 2(c) of Section 114 of the 1938 Act.The Parliament also enacted the Insurance Regulatory and Development Authority Act, 1999. By the … involved herein.BACKGROUND FACTS3. The Parliament enacted the General Insurance Business (Nationalisation) Act 1972 (for short 1972 Act) to provide for the acquisition and transfer of

Motilal Soni and anr. Vs. Issrani Bus Service and ors.

Court : Madhya Pradesh

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1939 - Sections 96(2), 110A(1) and 110C(2A); Madhya Pradesh Motor Vehicles Rules, 1974 - Rule 277

Reported in : 1993(0)MPLJ222

counsel for the applicants-claimants has placed reliance on Sub-section (1) of the section 96 of the Motor Vehicles Act, 1939, which was applicable at that … been held that the execution of the Award of recovery cannot be made from non-applicant No. 4 National Insurance Co. Ltd., Bhopal, as it was not a party to the original proceedings in which the Award was … applicants themselves i.e. M.P.S.R.T. Corpn. v. Jahiram (supra), Rule 3 of the Madhya Pradesh Motor Accidents Claims Tribunal Rules, 1939 has been construed and it has been held that the insurer must be impleaded as a party as

Motilal Vs. Issarani Bus Service and ors.

Court : Madhya Pradesh

Subject : InsuranceMotor Vehicles

Reported in : 2(1993)ACC340

Learned Counsel for the applicants-claimants has placed reliance on Sub-section (1) of Section 96 of the Motor Vehicles Act, 1939, which was applicable at that … been held that the execution of the Award of recovery cannot be made from non-applicant No. 4 National Insurance Company Ltd., Bhopal, as it was not a party to the original proceedings in which the Award was … applicants themselves i.e. M.P.S.M.T. Corporation v. Jahiram (supra), Rule 3 of the Madhya Pradesh Motor Accidents Claims Tribunals Rules, 1939 has been construed and it has been held that the insurer must be impleaded as a party as

United India Insurance Co. Ltd. Vs. Murugan Alias Krishnan and Another

Court : Karnataka

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1939 - Sections 96; Insurance Act, 1938 - Sections 64-VB; Insurance Rules, 1939 - Rule 58

Reported in : I(1994)ACC430; AIR1994Kant192; [1994]80CompCas242(Kar); ILR1994KAR403; 1994(2)KarLJ250

had become ineffective.14. Before we conclude it is pertinent to notice the provisions of Rule 58 of the Insurance Rules, 1939. The relevant portion reads thus:'58. Advance payment of premium.-- For the purposes of sub-section (I) of Section 64VB … ORDERShivaprakash, J.1. This appeal is presented by the Insurance Company against the award dated 6th August, 1993 passed in M.V.C. No. 929/89 by the Motor Accidents Claims Tribunal, Metropolitan Area, Bangalore. Under the award a

Motilal and anr. Vs. Issrani Bus Service and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 1993ACJ279

reliance on Sub-section (1) of Section 96 of the Motor Vehicles Act, 1939, which was applicable at that time and submits that even if the … been held that the execution of the award of recovery cannot be made from non-applicant No. 4, National Insurance Co. Ltd., Bhopal, as it was not a party to the original proceedings in which the award was … contest under Section 96 of the Act. According to him, under Rule 277 of the M.P. Motor Vehicles Rules, 191 A, insurance company was a necessary party to the claim proceedings itself. In case it was not

The Oriental Fire and General Insurance Co. Ltd., Lashkar Vs. Ramsingh ...

Court : Madhya Pradesh

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1939 - Sections 95, 96, 110B and 110D; Insurance Act, 1938 - Sections 45; Motor Vehicles (Third Party Insurance) Rules, 1940 - Rule 1; ;Motor Vehicles (Third Party Insurance)(Amendment) Rules, 1946 ;

Reported in : 1995ACJ26; AIR1995MP171; 1995(0)MPLJ139

S.K. Dubey, J. 1. This appeal under Section 110-D of the Motor Vehicles Act, 1939, for short, the Act; has been filed by the Oriental Fire and General Insurance Company, Ltd. against the … of commencement of the policy, in cover note, will not bind the third party according to Third Party Insurance Rules, 1946. He cited a Division Bench Decision of Kerala High Court in Oriental Insurance Co. Ltd. v. Sivan,

Vanguard Fire and General Insurance Co. Ltd. Vs. Sarla Devi and ors.

Court : Punjab and Haryana

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1939 - Sections 95(2), 95(4), 96, 96(1), 96(2) and 96(6); Evidence Act, 1872 - Sections 101 to 104 and 115; Constitution of India - Article 14; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 6, Rule 2 - Order 14, Rule 1 - Order 41, Rule 1; Fatal Accidents Act, 1855 - Sections 1 and 2

Reported in : AIR1959P& H297

rights and liabilities of the parties before these provisions were enacted in 1939. The contract of insurance in general law like any other contract is … Accidents Act against Malik Chand the owner of the station wagon concerned and the Vanguard Fire and General Insurance Company, Limited with which the vehicle was insured. The trial court decreed the claim in full against both … judgment in respect of any suchliability as is required to be covered by a policyunder Clause (b) of Sub-section (1) of Section 95 (being a liability covered by the terms of the policy) is obtainedagainst any person insured … In England even under the third party procedure as provided in the rules of the English courts the insurers were not impleaded in a litigation

Unique Motors and General Insurance Co. Vs. S.K. Vaiyapuri and ors.

Court : Delhi

Subject : Insurance

Acts : Insurance Act, 1938 - Sections 3(3), 3(4), 3(5), 64-M(3), 110, 114 and 114(3); Insurance Rules, 1939 - Rule 17-H; Constitution of India - Article 14

Reported in : AIR1970Delhi90; [1970]40CompCas1025(Delhi); 6(1970)DLT52

have been passed under sub-section (3) of Section 64-M of the Act read with Rule 17-H of the Insurance Rules, 1939 (to be referred to for facility of reference as the Rules) and was in the following terms:-'I have … following questions have been referred to the Full Bench by a Division bench of this Court:-'1. Whether Rule 17-H confers power on the Controller of Insurance to cancel the registration of an insurer independently of Section 3(4)(f)