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 . .....
Tag this Judgment!Court : Punjab and Haryana
..... suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot, however, take away a statutory right with which any person under a statute has been clothed or ..... (b) where there is any obscurity or vagueness in the main enactment, to clarify the same so as to make it consistent with the dominant object which it seems to subserve, (c) to provide an additional support to the dominant object of the act in order to make it meaningful and purposeful, (d) an explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the explanation, in order to ..... a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law ..... reliance was also placed on a decision of the hon'ble supreme court in life insurance corporation of india and others v. ..... an amending act may be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit ..... it is not in the nature of any amendment, but only enables to clear the ambivalence in the rules and falls short of substituting .....
Tag this Judgment!Court : Punjab and Haryana
..... transport service for the carriage of passengers or goods by air, road or water; or (ii) postal, telegraph or telephone service;or (iii) supply of power, light or water to the public by any establishment; or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi) insurance service, and includes any service which the central government or the state government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes or this chapter. ..... it would be appropriate to refer to the statement of objects and reasons of 2002 amendment act, which inter alia reads as under: - "(1) the legal services authorities act, 1987 was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any ..... as transport services of passengers or goods by air, road and water, postal, telegraph or telephone services, supply of power, light or water to the public by any establishment, public conservancy or sanitation, services in hospitals or dispensaries, and insurance services; (iii) the pecuniary jurisdiction of the permanent lok adalat shall be up to rupees ten lakh's. ..... entitled to any claim as the vehicle stood sold to ajmer singh, is concerned, same cannot be accepted as the vehicle in question as well as insurance policy were in the name of respondent no. 1. .....
Tag this Judgment!Court : Punjab and Haryana
..... - (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal ..... section 163-a shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for death or permanent disablement suffered due to accident 'arising out of the use of the motor vehicle' (emphasis supplied), without having to prove wrongful act or neglect or default of any one. ..... reliance general insurance company limited against the award dated 31.01.2013, whereby motor accident claims tribunal, jind (later referred to as the tribunal) on the petition under section 163-a of motor vehicles act, 1988 (later referred to as the act) allowed ..... in the present case, the contention of the insurance company which was accepted by the high court is that the death of the deceased (dasarath singh) was not caused by ..... the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. ..... cost of living by notification in the official gazette, from time to time amend the second schedule." 9. .....
Tag this Judgment!Court : Punjab and Haryana
..... , while on one hand, damages as a result of breach are to be proved to claim the same from the person who has broken the contract and actual loss suffered can be claimed, on the other hand, section 74 of the act entitles a party to claim reasonable compensation from the party who has broken the contract which compensation can be predetermined compensation stipulated at the time of entering into the contract itself. ..... that is not an actionable claim and this position is made amply clear by the amendment in section 6(e) of the transfer of property act, which provides that a mere right to sue for damages cannot be transferred. ..... , air 2003 sc 2629, in para 65 has discussed provisions of section 73 and 74 of the indian contract act and held as under: "under section 73, when a contract has been broken, the party who suffers by such breach is entitled to receive compensation for any loss caused to him which the parties knew when they ..... this term was extended by a formal amendment till september, 2009. ..... manchester insurance committee [1915] 3 k.b. ..... consequences for breach of the contract are provided in chapter vi of the contract act which contains three sections, namely, section 73 to section 75. ..... judge to the division bench for its opinion:- "whether in a contract for rendering of service/use of site, a stipulation to pay an amount for the "lock-in" period, is an admitted debt within the meaning of section 433(e) of the companies act, 1956 or whether the same is in the nature of damages?" 8. .....
Tag this Judgment!Court : Punjab and Haryana
..... fact that the petition was brought under section 163-a of the act and that the tribunal framed an issued on 14.6.2011 regarding the accident having arisen out of the use of the truck in question, it amended the issue suo motu on 23.11.2011 mentioning that issue no.1 was wrongly framed qua petition under section 163-a of the motor vehicles act where it should have been framed under section 161 of the ..... claimants was that the income of the deceased was more than l 7000/- per month and they brought the petition under section 163-a of the act making it absolutely not maintainable but the tribunal proceeded to decide the claim in the manner which was unheard of. 9. ..... claimants filed the appeal for enhancement while the insurance company filed the appeal for setting aside the award for ..... counsel for the insurance company argued that the claim was preferred by the claimants under section 163-a of the act but inspite of that the tribunal did not ..... take note of the fact that the petition was filed under section 163-a of the act or did not know the law regarding the limit of income provided for such claims. ..... the petition was filed under section 163-a of the motor vehicles act (act for short) but the income of the deceased was stated to be between l 7000/- ..... since the claimants despite filing the petition under section 163-a of the act, pleaded and also tried to prove that the income of the deceased was more than l 7000/- per month, the claim should have been rejected ..... by the insurance company is, .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Punjab and Haryana
..... woman had given it in writing that she was forfeiting her claim i will take that such an agreement will be against public policy and the insurer cannot make that as a ground to deny a widow a right to treat herself as a person entitled to claim compensation from the estate of the ..... 5395 of 2014 1 2014.08.05 16:14 i am the author of this document in the high court of punjab & haryana, chandigarh fao no.5395 of 2014 date of decision: july 31, 2014 united india insurance co.ltd......appellant versus sukhbir and others .......respondents coram: hon'ble mr.justice k. ..... further i will be loathe to uphold any defence at the instance of the insurer that negligence was not established and fao no.5395 of 2014 3 therefore compensation could not ..... the hindu succession act which disinherited a widow on remarriage to claim a share in her status, as such, namely widow of pre- deceased son from the share of the father-in-law has been removed fao no.5395 of 2014 2 from the statute book by an amendment act 39 of 2005. ..... in my view, this objection at the instance of the insurer is untenable in view of the development of law that has taken place ..... under the scheme of the motor vehicles act, 1988 that spells out therefore section 149 the permissible defences for the insurer. 3. ..... the appeal is by the insurance company on a plea that the tribunal has wrongly assessed compensation taking the widow to be one of the dependents and providing for a deduction for personal expenses on that basis, failing to note that .....
Tag this Judgment!Court : Punjab and Haryana
..... in the high court of punjab and haryana at chandigarh fao no.1445 of 2014 (o&m) date of decision:25.07.2014 iffco tokio general insurance company limited ..appellant versus kanta and others ...respondents coram: hon ble mr.justice k. ..... the appeal by the insurance company is a challenge to the award passed by the tribunal under section 163-a of the motor vehicles act providing for compensation on the scales mentioned in schedule-ii but also providing for additional sums which the schedule does not provide for. ..... so long as schedule-ii has not been substituted by legislative amendment, subordinate courts do not have the power to tinker with the same. ..... this shall be the award which shall be payable by the insurer. ..... consortium provided is `5,000/- and for loss of love and kumar sanjeev 2014.08.01 10:58 i attest to the accuracy and integrity of this document fao no.1445 of 2014 (o&m) -2- affection for children at `1 lakh which is not contemplated under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... relating to loss of consortium and loss of love and affection in the manner suggested in the decision in rajesh kumar sanjeev 2014.08.01 10:58 i attest to the accuracy and integrity of this document fao no.2492 of 2002 (o&m) -4- versus rajbir singh-2013(9) scc54 there have been some clarifications also with respect to prospect of increase which were originally understood as possible only in respect of settled employments but other decisions following sarla verma ..... amendment, the insurance company cannot be said to be prejudiced, for, as regards the insurance company, the permissible defences are always be confined to what is set forth under section 149 of the motor vehicles act. ..... the petition was filed under section 163-a of the mv act and the kumar sanjeev 2014.08.01 10:58 i attest to the accuracy and integrity of this document fao no.2492 of 2002 (o&m) -2- evidence was that the income of the deceased was more ..... spectacle in almost every high kumar sanjeev 2014.08.01 10:58 i attest to the accuracy and integrity of this document fao no.2492 of 2002 (o&m) -5- court in india of our inability to tackle cases within any reasonable time. ..... punjab and haryana at chandigarh fao no.2492 of 2002 (o&m) date of decision:24.07.2014 sudesh sharma and others ..... 000/- but deliberately scales down the income to be less than `40,000/- to bring it within the four kumar sanjeev 2014.08.01 10:58 i attest to the accuracy and integrity of this document fao no.2492 of 2002 (o&m) -3- corners of section 163-a. .....
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