Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Court: punjab and haryana Page 5 of about 525 results (0.142 seconds)

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... section 45 of the insurance act, 1938 was pressed into service which allows an insurance company to call off a policy of life insurance of the kind in question on the ground of concealment of material facts within two years from the date of which it ..... writ petition no.8622 of 2013 -1- in the high court of punjab and haryana at chandigarh civil writ petition no.8622 of 2013 date of decision:25.04.2013 icici prudential life insurance company ltd.and another .....petitioner versus the permanent lok adalat and others .....respondents coram:- hon'ble mr.justice rajiv narain raina present: mr.gagneshwar walia, advocate for the ..... underwent medical examination on 20.7.2009 and in the investigation carried out by the petitioner-company revealed that there was impersonation by the life assured with intent to cheat and defraud the insurance company; the company reserves its rights to ensure initiating appropriate proceedings in this regard as may be advised. ..... stand of the petitioner-company can be summed up as reflected in para 3 of its reply which is quoted: the assured is thus under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted. ..... no.8622 of 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act . .....

Smt.Charanjit Kaur and Others Vs. Balwinder Singh and Another

Court : Punjab and Haryana

..... in the present case, the employer as well as the insurance company were liable to pay the compensation fao no.4751 of 200.3 immediately after the accident but they failed to do so. ..... even as per amended act, interest recovered in excess of rs.50,000/- has been subjected to tax liability. ..... it is further directed to the insurance company that an amount of rs.15,611/- which was deducted as tds shall be released to the claimants subject to furnishing their undertaking that as and when the insurance company claims any reimbursement of amount in order to relieve its obligation of payment of tds, in the light of direction issued above. ..... he further submits that the insurance company has wrongly deducted an amount of rs.15,611/- as tax at source on the interest of compensation amount. ..... accordingly, i am of the view that in case interest for the financial year payable to each individual claimant exceeds the limit prescribed under the statutory act, only then question of tds would arise. ..... as per statutory provisions of section 4-a(3)(a) of the act, there should be interest at the rate of 12% per annum. ..... learned counsel for the claimants submits that the claimants are entitled to compensation amount along with interest at the rate of 12% per annum as provided under fao no.4751 of 200.2 section 4-a(3)(a) of the workmen s compensation act,1923. ..... moreover, the amount of compensation does not come within the ambit of income tax act. .....

The Oriental Insurance Co. Ltd. Vs. Narinder Kaur and Others

Court : Punjab and Haryana

..... the learned workmen's compensation commissioner, ropar which awards rs.3,94,120/- along with interest @12% per annum to the claimants from the date of filing of claim under the employees' compensation act, 1923 (for short "the act").the question raised in appeal is that the insurance company was not liable to pay compensation to the claimants/dependents following the death of sarabjeet singh who was employed as a driver of a truck owned by amarjeet singh respondent no.1 ..... possessed or not the commissioner has after noticing the judgments of the supreme court in skandia insurance co.ltd.versus kokilaben chandravadan and others.air1987sc1184 national insurance co.ltd.versus swaran singh and others.2004(3) scc297and united india insurance co.ltd.versus lehru and others.2003(2) rcr (civil) rightly concluded that the insurance company cannot escape liability merely on the ground that the vehicle was being driven without a ..... (o&m) -1- in the high court of punjab and haryana at chandigarh fao no.5074 of 2009 (o&m) date of decision: 05.02.2014 the oriental insurance co.ltd....appellant versus narinder kaur and others ....respondents coram:- hon'ble mr.justice rajiv narain raina present: none for the appellant. ..... principles enunciated on the question of driving licence in the context of the motor vehicles act, 1988 would not ipso facto apply to the principles of grant of compensation under the workmen's compensation act, 1923 presently amended to read the employees' compensation act, 1923. .....

Municipal Committee, Jullundur City Vs. Shri Romesh Saggi and ors.

Court : Punjab and Haryana

Reported in : AIR1970P& H137

..... mysore high court held that when a particular charge had been enquired into and found against by a competent criminal court, the regional transport authority, a tribunal constituted under the motor vehicles act, could not again enquire into the same charge so long as the acquittal before the criminal court was not based on any technical ground, but on merits.the situation with which the ..... he then submits that it is only certain specified chapters or provisions of the code of civil procedure which have been made applicable to the tribunal and no part of section 110c applies the evidence act to proceedings before the tribunal.the appellant does not appear to be appreciating the difference between the civil procedure by which the claim has to be tried as distinguished from the rules of evidence which may be ..... this appeal under section 110-d of the motor vehicles act (4 of 1939), as subsequently amended by act 100 of 1956, against an award, dated march 19, ..... passing orders shall record concisely in a judgment the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer and also the person or persons to whom compensation shall be paid. ..... section 110-e relates to recovery of money from insurers and section 110-f bars the jurisdiction of civil courts to entertain any question relating to any claim for compensation which may be adjudicated upon by the claims tribunal, and also bars the issue of .....

Gupta Flour and Oil Mills Vs. National Insurance Company Ltd. and anr.

Court : Punjab and Haryana

Reported in : 2005(1)ARBLR25(P& H); (2004)138PLR476

..... rather shri naresh chand, advocate, rw-1 has admitted in the cross-examination that he did not remember when shri r.k.bansal was appointed as arbitrator by the insurance company but he had not fixed any meeting with the arbitrator of the company nor he had sent any letter to the arbitrator of the company regarding the arbitration ..... two disinterested persons as arbitrators of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party in accordance with the provisions of the arbitration act, 1940, as amended from time to time and for the time being in force. ..... to the learned counsel, there is no necessity to appoint two arbitrators and clause 13 of the insurance policy ex.a-8 providing for arbitration has been misconstrued. ..... was further claimed that the arbitrator has given his award without following the principles of natural justice and that the provisions of insurance policy was also not followed. ..... , it has been found that the proceedings before the sole arbitrator were neither legal nor valid in the eyes of law as it patently violates clause 13 of the insurance policy provided for arbitration.7. mr. ..... judge set-aside the award by sustaining the objections and also held that the objection petition filed by the insurance company is not time barred. ..... clause 13 of the insurance policy reads as ..... -firm being dissatisfied invoked the arbitration clause 13 incorporated in the insurance policy ex.a-8. .....

State of Haryana and ors. Vs. Sukhpal and ors.

Court : Punjab and Haryana

Reported in : IV(2006)ACC690; 2008ACJ158

..... if he had not filed any petition for claim till 14.11.1994 in respect of the accident which took place on 4.12.1990, in view of the amending act he became entitled to file such claim petition, the period of limitation having been deleted, the claim petition which has been filed and is being pursued up to this court cannot be thrown out on the ground of limitation. ..... the state of haryana has filed the instant appeal under section hod of the motor vehicles act, 1939 challenging the award dated 13.11.1987 passed by the motor accident claims tribunal, jind. ..... the controversy with regard to the application of amended provision retrospectively has been put to rest by the supreme court in the case of dhanna lal v. d.p. ..... a copy thereof has also be forwarded to the insurer concerned. ..... it also requires that where a copy is made available to the owner of the vehicle, he shall within thirty days of receipt of such copy forward the same to the claims tribunal and insurer. ..... after referring to section 158(6) of the act and noticing the duties enjoined upon the officer in charge of the police station, their lordships observed asunder:in view of sub-section (6) of section 158 of the act the officer in charge of the police station is enjoined to forward a copy of information/report regarding the accident to the tribunal having jurisdiction. .....

New India Assurance Company Ltd. Vs. Meeru and Others

Court : Punjab and Haryana

..... the sole ground pressed in these appeals by the insurance company is that the deceased workers were cooking meals when the cylinder burs.and this could not be said to be in the cours.of employment. ..... the employer and the insurance company were arrayed parties. ..... their claimants approached the commissioner, employee's compensation, circle bhiwani praying for award of compensation under the provisions of the employees compensation act, 1923 as amended. ..... there is no dispute that both the workers were employed at the stone crushing site by the common employer and that the stone crusher was covered on the date of accident by an insurance policy ex.r-1. .....

Harjinder Kaur (Smt.) and Ors. Vs. Employees' State Insurance Corpn.

Court : Punjab and Haryana

Reported in : (1995)IIILLJ593P& H

..... this appeal under section 82 of the employees' state insurance act, 1948 (for short the act), is directed against the order, dated 15 may 1982, passed by the judge, employees' state insurance court, amritsar, whereby he dismissed an application filedby the appellants under section 75 read with section 2(6a) of the act for a declaration that gian singh died during the course of employment and the appellants, being his dependants, are entitled to the payment of benefits ..... this appeal with costs, set aside the order of the learned trial judge and hold that the appellants are entitled to the benefits under the act because of the death of their bread-winner gian singh who died in the course of his employment and whose death had arisen out of that ..... the learned counsel for the respondent invited my attention to exhibit r.w.1/1 a letter issued by the medical superintendent, employees' state insurance hospital, amritsar, stating that a perusal of the post-mortem examination and reports of the chemical examiner, punjab, and a pathologist of the medical college, amritsar, indicates that the death of gian ..... duty of the corporation to come out voluntarily to the help of the dependants of an insured employee who dies in the course of his employment and whose death arises out of such ..... thus, the moment it is proved that the accident arose in the course of an insured person's employment, it is to be presumed, in the absence of evidence to the contrary, that the accident has ..... by amendment act no. .....

New India Assurance Co. Ltd. Vs. Mrs. Swaran Kanta and ors.

Court : Punjab and Haryana

Reported in : 1997ACJ1347; (1997)117PLR347

..... before the learned tribunal the appellant filed an application under section 110-c(ii-a) of the motor vehicles act for defending the claim petition on merits as their insured messrs kohli transport company were proceeded exparte. ..... thus, in our considered view, the liability of the appellant-insurance company to pay compensation is limited to the extent of rs. ..... the word 'accident' is used in the expression 'any one accident' from the point of view of the claimant and 'in all' implies that insurance company' liability will extend to a sum of rs. ..... it is evident that on march 2, 1970, section 95(2) of the motor vehicles act was further amended and this liability is enhanced to rs. ..... 20,000/- only, but his reference to motor owner's insurance co. .....

New India Assurance Co. Ltd. and anr. Vs. Partap Singh and ors.

Court : Punjab and Haryana

Reported in : II(2002)ACC393

..... 2000]2scr1050 , where the hon'ble supreme court was pleased to hold that only limited defences are open to the insurance company which are permissible to it under section 149(2) of the motor vehicles act and the appeal along with the driver or the owner is not permissible.12. ..... , learned counsel appearing on behalf of the insurance company and the owner of the truck, submitted that since the liability of the insurance company is always there, therefore, the insurance company has the right to address the argument ..... singh, the owner of the truck, have no locus standi to file the present appeal in view of section 149(2) of the motor vehicles act which gives a limited right to the insurance company to file the appeal on specified grounds. ..... submitted that now the hon'ble supreme court has said that even a joint appeal by the insurance company with the owner or the driver will not be maintainable.11. ..... no.1524 of 1997 filed by the insurance company, the appellants have prayed for the reduction in the amount of award whereas ..... provided under section 163a of the motor vehicles act, 1988, inserted by amendment act no. ..... of the case are that partap singh and his wife vidya rani, the parents of deceased dinesh kumar, filed a petition under section 166 of the motor vehicles act against nazir singh driver, surinder pal singh owner of truck no. ..... applying the multiplier of 20, in respect of the death of unmarried son ' aged 15 years.on the other hand, learned counsel for insurance company respondent no. .....