Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: andhra pradesh Page 1 of about 75 results (0.459 seconds)

The Branch Manager, Reliance Life Insurance Co. Ltd. and Another Vs. L ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... being found false. in the proposal form at page 4 pertaining to medical details, the deceased life assured had purposefully concealed the existence of disease and answered the questions in negative. it contended that on the basis of section 45 of insurance act, 1938 and clause 8(3) of irda, 2002, it conducted investigation and came to know that ..... the deceased life assured suffered from dilated cardio myopathy and severe l.v. dysfunction and was discharged on 02-8-2005 i.e. prior to the proposal and that the insurance contract is a contract based ..... and hospitalization in the proposal form under questions 54(a) and 54 (s) as under which are material in issue as per terms of section 45 of the insurance act, 1935. 54 a. chest pain, high blood pressure, raised cholesterol, stroke heart attack, heart murmur, other heart/blood vessel disorderno54 b----54 c-------------54 s have .....

Mummidipalli Syamaladevi Vs. Regional Director, Esi Corporation and or ...

Court : Andhra Pradesh

Reported in : 2003(2)ALD436; [2003(97)FLR372]; (2003)IILLJ345AP

..... 2-1996 passed in eic no,4/1995 on the file of the court of the employees insurance court and chairman, industrial tribunal-i, hyderabad.2. the mother of the deceased-m durga prasad moved the employees insurance court under section 75(c) and (g) of the employees state insurance act, 1948. (for short 'esi act'), inter alia, stating that her ..... son m. durga prasad was working as machine operator in the factory of the 3rd respondent since-august, 1989, he was residing in the quarter provided by the 3rd respondent in the factory premises, and died due to electric shock in the early hours of 22-4- ..... rushed to the esi hospital at erragadda where the doctors declared him as dead. the said fact was immediately informed to the employees state insurance corporation by accident report on 22-4-1991 itself. the accident notice was also served on the inspector of factories informing the accident. it is further stated by the 3rd .....

New India Assurance Company Limited Vs. Sampeta Ravi

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... best known appointed another surveyor d. brahmaiah contrary to section 64um of the insurance act, 1938. it did not take permission from the insurance regulating development authority. 12. the national commission in a decision reported in iv (2008) cpj 76 (nc), saraf associated v. oriental insurance co. ltd. and anr., held that second surveyor could be appointed only ..... with the permission of authority. it may also be mentioned that in case if one goes by the provisions of the sub-section (3), section 64um of the insurance act, 1938, the 2nd ..... not entitled to any compensation, and therefore, prayed that the complaint be dismissed. 4. the complainant in proof of his case filed his affidavit evidence and got the documents marked as exs. a.1 to a.5, while the insurance company filed the affidavit evidence of its manager and got the documents marked as exs .....

Divisional Manager, Oriental Insurance Co. Ltd. Vs. G. Roshanna and an ...

Court : Andhra Pradesh

Reported in : 2007(5)ALD261

..... proviso to sub-section (4) as well as the language employed in sub-section (5) would indicate that they are intended to safeguard the interest of an insurer who otherwise has no liability to pay any amount to the insured but for the provisions contained in chapter xi of the act. this means, the insurer has to pay to the ..... of fulfilling the condition of the policy regarding use of vehicles by a duly licensed driver or one who was not disqualified to drive at the relevant time;(iv) insurance companies, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also establish ' ..... the burden of proof wherefor would be on them.(v) ...(vi) ...(vii) ...(viii) ...(ix) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 read with sub-section (7), as interpreted by this court above, the .....

Ramesh Chand Vs. Pollagoni Venkanna and ors.

Court : Andhra Pradesh

Reported in : 2007ACJ2198; 2007(1)ALD177; 2006(6)ALT806

..... money order has booked or the cheque is posted is a crucial and acceptable date for the purpose of renewal of insurance policy as envisaged under the explanation of section 64vb of the insurance act, 1938 (for brevity 'the insurance act').16. the relevant facts, after pruning irrelevant, insofar as the present question is concerned, are as under:the vehicle ..... by postal money order and a proper receipt shall be obtained by the insurer from the insured, and such refund shall in no case be credited to the account of the agent.(4) ...(5) ...20. sub-section (2) of section 64vb of the insurance act postulates that risk would be assumed not earlier than the date on which ..... it is on record and admitted fact that the letter of request as well as the cheque has been accepted by the insurer and the cheque has been encashed also and renewal was recorded through ex. b-4 policy35. here, the expression 'renewal' gives much significance. as already noticed, renewal is slightly different from a new policy, .....

Vijaya Spinning Mills Limited Vs. Employees State Insurance Corporatio ...

Court : Andhra Pradesh

Reported in : 2004(1)ALD274; (2004)IILLJ46AP

..... in the above-referred decision was on claiming status of regular workmen by the employees working in the canteens maintained by the contractors. the provisions of employees state insurance act, 1948 are not referred in the cited decision. in the third cited decision, delhi high court held that the members of the co-operative society are not ..... members of the committee of co-operative canteen, it cannot be considered that there was a direct link to manage or supervise the canteen by the company.4. the learned standing counsel for the respondent-corporation contends that it was the statutory obligation on the part of the appellant to maintain canteen and it was ..... incidental to the main business, the principal employer is liable to deposit e.s.i, contribution as the labour would fall within the meaning of section 4(i) of the act. admittedly, in the instant case, the labour were employed in the premises of the principal employer and therefore the principle laid down by the supreme court .....

Employees' State Insurance Corporation Vs. Raj Kamal Transport and Anr ...

Court : Andhra Pradesh

Reported in : 1994(2)ALT515; (1995)ILLJ94AP

..... ) it amounts to a substantial question of law and therefore, the high court can interfere in exercise of its jurisdiction under section 82 of the employees' state insurance act. i agree with the contention of the learned counsel for the appellant that there is substantial question of law regarding interpretation of section 2(9) of the e ..... be independent contractors, but are only employees of the transport corporation. he has referred to the various provisions of the employees' state insurance act in support of his contention. 4. section 2(9) of the act defines 'employee' as any person employed for wages in or in connection with the work of a factory or establishment to which ..... to the definition of 'employee' in a particular enactment. having regard to the definition of 'employee' in section 2(9) of the employees' state insurance act and the decision of the supreme court in royal talkies's case (supra) i agree with the contention of the learned counsel for the appellant that the employees .....

N. Venkateswarlu Alias Venkanna Vs. Regional Manager, United India Ins ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD105; 2000(4)ALT531

..... . sri s. laxma reddy, learned counsel for the petitioner vehementlycontended that section 46 of the insurance act, 1938 casts a duty upon the respondents-insurance company to settle the claim after deducting the disputed amount and as the respondents-insurance company failed to discharge its duty in not settling the claim, there is no fetter on ..... as death of late srinivas was under suspicious circumstances, an investigator was appointed by the respondents-insurance company and it was revealed that thedeceased left the legal heirs who aremother, two brothers and a sister.4. it is further stated that the deceased srinivas went to nakrekal to meet the petitioner on 18 ..... were acknowledged by the authorities concerned, and there was no action to settle the claim. the petitioner herein therefore issued a legal notice on 20-4-1999 and thereafter also no action was taken, the petitioner by invoking the extraordinary jurisdiction under article 226 of the constitution has filed the above writ .....

Royal Sundaram Alliance Insurance Co. Ltd., Rep. by Its Branch Manager ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... the conditions in the policy copy ex.b1 i.e. imt.28 and 39 it is clear that the employer/insured should satisfy the claims under workmen compensation act and then approach insurer by way of reimbursement. the district forum relied on section 4 of policy ex.b1 and has awarded rs.2 lakhs and this actually falls under owner cum driver wherein the ..... the case of the appellants/opposite parties that there is no statutory liability on the insurance company and that the statutory liability is under workmen compensation act and it is on the employer and the policy is a matter of contract between the insurance company and the insured. section 4 of the policy (ex.b1) under the heading of the personal accident coverage for owner .....

Kommuru Rama Mohan Rao S/O Subba Rao Vs. V. Kanaka Durgaiah and the Or ...

Court : Andhra Pradesh

Reported in : 2008ACJ2235; 2007(1)ALD459

..... of the appellants are heirs to the estate of the deceased, they are not entitled to claim any compensation. the contention of the learned counsel for the second respondent-insurance company is that since the appellants are not the legal representatives of the deceased, tribunal dismissing the claim petition cannot be said to be erroneous.6. in my considered ..... legal representatives to the estate of the deceased, ought to have arrived at the compensation payable and passed an award in favour of the appellants. he relied on vanguard insurance co. v. c. hanumantha rao 1975(1) an.w.r. 327, where it is held that as the expression 'legal representative' used in section 110a of the ..... motor vehicles act (iv of 1939) is not defined in that act it should be understood in the light of the definition given in section 2(11) of the code of civil procedure. the contention of the learned .....