Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Court: punjab and haryana Page 7 of about 525 results (0.142 seconds)

United India Insurance Co. Ltd., Madras Vs. M/S. Aman Singh Munshi Lal ...

Court : Punjab and Haryana

Reported in : AIR1994P& H206; [1996]85CompCas644(P& H); (1994)107PLR293

..... the basic question is as to whether the provisions of the marine insurance act 1963 would apply to the present case at all. ..... urged that there is no assignment in favour of the plaintiff according to sections 52 and 53 of the marine insurance act, 1963, (for short 'the 1963 act'). ..... the learned district judge vide his impugned judgment and decree dismissed the appeal filed by the insurance company as well as the cross-objections of the plaintiff and confirmed the decree passed by the learned trial ..... has given two diagnoally inconsistent versions and, therefore, his evidence should be totally discarded and it must be held that the insurance cover note exhibit p10 was prepared-after the goods were burnt. ..... the movements of the goods have been completely set out in the insurance cover note exhibit p10 and if that be so it would not be open to the insurance company to take up such a plea to non-suit the plaintiff.11. ..... 2, narinder mohan arya, the agent of the insurance company, who, in his evidence has stated that he had sent the insurance cover note to the branch office at sirsa on 22-10- ..... this submission again does not appeal to us because in the insurance cover note, exhibit p10, a route has been specifically mentioned upto phulwari ..... yet, no reply was received from the insurance company and after expiry of about 6/7 months, the insurance company disputed the claim of the plaintiff ..... insurance company cannot now be permitted to urge that the said cover note was issued under the 1963 act. .....

Sewa Singh Vs. Col. Gurcharan Singh and ors.

Court : Punjab and Haryana

Reported in : [1979]49CompCas920(P& H)

..... duravasulu, air 1978 ap 90, wherein it is observed as under (see headnote): ' so far as the insurer's liability to third persons is concerned it is governed exclusively by the provisions of the act and not by any contract or policy of insurance between the insurer and the insured and therefore the amendment of section 95(2)(b)(ii)(4) automatically raises the limit of the insurer's liability towards third parties where the vehicle is a motor-cab from rs. ..... plain reading of this section it is evident that where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of chapter viii of the act proposes to transfer to another person the ownership of the motor vehicle of which such insurance was taken together with the policy of insurance thereto, he may apply to the insurer for the transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor ..... vehicle is proposed to be transferred and, if no action is taken within fifteen days of the receipt of such application by the insurer or the insured does not receive any .....

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

Court : Punjab and Haryana

Reported in : AIR1959P& H297

..... to advance this purpose and object the legislature prescribed a procedure by which the claim for compensation made by the injured person against the assured and the contractual claim of the assured against the insurers for indemnification could be decided in one suit.the legislature while providing for this expei-itious remedy did not choose to change the legal relationship between the parties concerned. ..... obviously no estoppel can be pleaded against the prohibitions enacted by the statute.as a matter of fact the stage for relying on the provisions of section 96 was never reached in the trial court as the pleas not open to the insurers and now relied upon by them in appeal were open ,to malik chand who was at that stage actively con-testing the suit and was denying his liability to pay compensation. ..... before-the enactment of section 96 of the motor vehicles act the insurer could not intervene in the litigation between the injured person and the assured and even after the enactment of 1939 it cannot do so and cannot raise any plea which is relevant only between the injured person and the assured.under section 96 it is open to the insurers to challenge their liability on certain specific grounds. ..... it is not necessary to follow the scope of english statutes as we are governed by the motor vehicles act enacted in india in 1939 and amended from 'time to time.10. .....

Ralson (India) Limited and another Vs. Employees' State Insurance Corp ...

Court : Punjab and Haryana

Reported in : [1999(81)FLR897]; (1999)IILLJ91P& H; (1998)119PLR822

..... m/s ralson (india) limited, ludhiana, is an establishment covered under the provisions of the employees' state insurance act, 1948. ..... did not fall within the mischief of 'wages' as defined under section 2(22) of the employees' state insurance act, 1948. ..... after consideration of the matter, the regional director of the employees' state insurance corporation passed an order under section 85b on september 11, 1987. ..... this view has been affirmed by the insurance court as well as the learned single judge. ..... the employees' state insurance corporation (1968-i-llj-550)(sc) the amount paid to the' employee on account of production incentive etc. ..... the requirement of considering the additional remuneration as a part of the wages existed even prior to the amendment of the provision by act no. ..... the appellants challenged the order before the insurance court. .....

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... up above :- (i) the writ petition is allowed; (ii) the notification dated 8th october, 2003 is, hereby, quashed leaving it for the appropriate and competent legislature to decide as to whether or not any amendment in sections 45 and 92 or other provisions of the sikh gurdwara act, 1925 is to be carried out; (iii) the directions given hereinabove are subject to the clarification that we have not expressed any views, directly or indirectly, as to who constitutes a ..... of the notification dated 8th october, 2003 issued by the central government purportedly in exercise of its powers under section 72 of the punjab re- organization act, 1966 (in short, `the 1966 act') whereby sections 49 and 92 of the sikh gurdwara act, 1925 (in short, `the 1925 act') have been `amended' to the extent of denying the sehajdhari sikhs their right to vote in the elections of sikh gurdwara prabandhak committee (sgpc) i.e. ..... 220 dated 30th march, 2001 followed by subsequent resolutions dated 7th march, 2002 and 30th march 2002 for denuding `sehajdhari sikhs' of their right to participate in the election for board/committees elected for managing and running affairs of the sikh gurdwaras; (f) ..... validity of section 48(2-c) of life insurance corporation act, 1956 which was inserted retrospectively in 1981, was upheld relying upon harishankar bagla on the plea that parliament itself has authorized the central government vide section 48(2- c) to override the provisions of the industrial disputes act, 1947. ..... insurance .....

Troks Pharmaceuticals Private Ltd. Vs. Excise and Taxation Officer and ...

Court : Punjab and Haryana

Reported in : [1984]57STC240(P& H)

..... the scheme of the act very clearly provides that the help to the care of the insured workmen under the employees' state insurance act, is the primary responsibility of the state government, in the circumstances given in section 68 of this act, the state government shares the medical expenditure rateably with the ..... certificate referred to in sub-section (4) of section 8 shall be in forms c and d respectively :provided that form c in force before the commencement of the central sales tax (registration and turnover) (amendment) rules, 1974, or before the commencement of the central sales tax (registration and turnover) (amendment) rules, 1976, may also be used up to the 31st december, 1980, with suitable modifications:.form d which is issued by the purchaser to the seller is as under :original the central sales ..... the employees' state insurance act, 1948, was brought on the statute book in the year ..... was of the view that these sales were not to any government department, but to the employees state insurance corporation (briefly the corporation) and were thus chargeable at the rate of ten per cent of tax. ..... emerge clearly and which are also agreed to between the learned counsel for the parties before us are that the state governments are responsible for the medical care and treatment of the insured workmen; arrange for such treatment at the institutions, hospitals and dispensaries, etc. ..... prior to the amendment effected in the year 1975, the rate of tax on such sales was three per .....

Ramesh Kumar Vs. National Insurance Co. Ltd. and ors.

Court : Punjab and Haryana

Reported in : [1987]61CompCas225(P& H)

..... the appellant, owner of the offending vehicle in this appeal, claims that the liability of the insurance company, as per amended provision of sections 95(2) of the motor vehicles act, 1939, which reads as under, extended to rs. ..... where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver) not exceeding six in number, being carried in the vehicle...'2. ..... admittedly, the policy of insurance covering the offending vehicle was issued on october 28, 1982, by which date admittedly the amendment to sections 95 raising the aforesaid statutory amount of coverage from rs. ..... such being the position, the liability of the respondent insurance company, in the present case, would extend to the entire amount awarded by the tribunal. ..... that means, whenever a policy of insurance is issued by the insurance company, it has statutorily to cover risk to the insured up to that amount. ..... out of the said amount, the tribunal ordered that the insurance company (respondent no, 1 herein) shall pay rs. ..... section 94 envisages compulsory insurance against third party risk to the extent provided by sections 95. ..... in view of the aforesaid two provisions, after october 1, 1982, the statutory liability of the insurer extends to rs. .....

Present: Mr. Lm Suri Senior Advocate with Vs. Suresh Kumar and Others

Court : Punjab and Haryana

..... there was no scheme under the motor vehicle act at the relevant time till an amendment was made on 14.11.1994 to provide even for risk coverage for a owner of the goods travelling along with the goods, apart from a driver, a cleaner or a loadman ..... it appears that `25,000/- has already been paid by the insurer and for rest of the amount stay had been granted. ..... a goods carriage is not a vehicle in which any passenger could travel and for the same reason there can be no policy of insurance to extend risk coverage in such an eventuality. ..... learned counsel appearing on behalf of the claimant would point out that the cover note issued by the insurance company provided risk coverage to a passenger. ..... i asked the insurer to file copy of the policy and i find that the policy of insurance merely refer to the nature of vehicle as a bajaj tempo of singh prem 2014.03.04 17:30 i attest to the accuracy and integrity of this document high court chandigarh fao no.554 of 1993 2 the year 1991 make ..... (oral) the appeal by the insurance company is on the issue of liability ..... the insurer shall exercise the recovery right qua `25,000/- against the insured only ..... liability cast on the insurer was not justified. ..... there was a policy of insurance but the person that came by injury was a passenger in the ..... claimants will exercise right of recovery of the amount in excess if already not done from the owner insured only and not against the insurer. ..... award is set aside in so far it denies to the insurer a right of recovery. .....

All Escorts Employees Union (Regd.) Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (1998)IILLJ1040P& H

..... virtue of this notification, amendment has been made in the rules known as employees' state insurance (central) rules, 1950, amending rules 50, 51 and 54, which have come into force from january 1, 1997, by which the wage ceiling for coverage under the act has been enhanced from rs ..... employees' state insurance act (in short 'the act'). ..... we leave it open to the petitioners or any other employees to approach the appropriate government/insurance court, if so advised, under the act, for the grant of exemption or for any other relief to which they may be entitled. ..... that as it may, it is for the employees who may feel aggrieved to approach the appropriate government/insurance court and establish that the facilities already being enjoyed by them are superior to the one under the ..... when the matter is considered by the standing committee of the employees* state insurance corporation, the representatives of the employers and employees are there to express their ..... 1, 1991, and now the said rules 50 to 62 have been further amended by the impugned notification fixing the wage ceiling limit at rs.6,500/- per month ..... benefits which are being provided by the employer are better than the one they would get under the scheme, it is for them to claim exemption under sections 87 to 91 read with section 1(iv) - proviso of the act by making application to the appropriate government or obtain a suitable declaration from the insurance court under sections 75 to 78 read with section 1(iv) proviso of the act. .....

Fao No. 303 of 1994 Vs. Lajpat Rai and Others

Court : Punjab and Haryana

..... a provision for compulsory coverage for owners of goods travelling along with the goods came to be introduced by an amendment of section 147 by act 54 of 1994 that came into effect on 14.11.1994. ..... kaka ram and others .......respondents fao no.305 of 1994 oriental insurance company ......appellant versus man singh and others .......respondents coram: hon'ble mr.justice ..... the appeals are at the instance of the insurance company challenging the issue of liability for claims arisen out of a motor accident when the persons who were travelling in the insured's truck had suffered injuries and there was one fatality as fao no.303 to 305 of 1994 ..... at the time of trial a common line of defence by the insurance company was that the persons travelling in the truck were fare paying passengers in a truck for whom there existed no coverage of risk through the ..... arora fao no.303 to 305 of 1994 2014.02.04 17:47 i am the author of this document in the high court of punjab & haryana, chandigarh fao no.303 of 1994 date of decision january 29, 2014 oriental insurance company ......appellant versus lajpat rai and others .......respondents fao no.304 of 1994 oriental insurance company ......appellant versus sh. ..... the appeal by the insurance company as regards the assessment of compensation for kaka ram in fao no.304 of 1994 is dismissed. ..... the insurance company in so far as it states that they have already satisfied the awards, they will have a right of recovery against the owner in execution proceedings. .....