Court : Gujarat
Reported in : 1994ACJ404
..... weighed heavily with the learned single judge of the madhya pradesh high court is that in the policy of insurance in that case, the insurer had not excluded its liability under section 4-a of the wc act and, therefore, the insurance company was liable to pay the penalty also. with respect, we are not in a position to subscribe ..... agree with the learned judge of the delhi high court and say that for the liability of the employer for penalty under section 4-a of the wc act, the insurance company cannot be held responsible.37. in oriental insurance co. ltd. v. jevaramma 1988 acj 671 (karnataka), the division bench of the karnataka high court was also called upon ..... no. 1 though duly served has not entered appearance.12. the debate at the bar mainly centred round the question whether the insurance company would be liable to pay penalty under section 4-a of the wc act. of course, other questions were also canvassed at the bar. before we take up this central issue which was canvassed before us .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... the act of 1972, the exclusive privilege of the gic and ..... companies of the gic : (1) national insurance company limited, (2) the new india assurance company limited, (3) the oriental insurance company limited, and (4) united india insurance company limited. the next landmark happened on 19th april 2000, when the insurance regulatory and development authority act, 1999 (irdaa) came into force. this act also introduced amendments to act of 1972 and the insurance act of 1938. by insertion of section 24a in .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... 24a in the act of 1972, the exclusive privilege of the ..... .i.c.: (1) national insurance company limited, (2) the new india assurance company limited, (3) the oriental insurance company limited, and (4) united india insurance company limited. the next landmark happened on 19th april, 2000, when the insurance regulatory and development authority act, 1999 (i.r.d.a.a.) came into force. this act also introduced amendments to act of 1972 and the insurance act of 1938. by insertion of section .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]48CompCas250(Guj); (1977)GLR668
..... him that the persons entitled to claim the amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of the point at issue ..... upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the insurance act of 1938. the dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the ..... gift, title would pass unto the nominee and the policy-holder would have no right either to transfer or assign the policy which he has under sub-section (4) of section 39 of the insurance act. so also if any interest was created in favour of the nominee, the policy-holder would not be entitled to the sum assured upon the maturity of .....
Tag this Judgment!Court : Gujarat
Reported in : 2010ACJ429; AIR2009Guj72; (2009)1GLR765
..... 19th april, 1990, accident took place, the bus collided with the truck, whose driver died. the insurance company denied the claim asserting that under the terms of section 64-vb of the insurance act, 1938, no risk was assumed by an insurer, unless the premium thereon been received in advance. the motor accident claims tribunal rejected the contentions of the ..... a letter stating that the cheque had been dishonoured was sent by the insurance company to the insurer on23.1.1990. the premium was paid in cash on 2.5.1990. the accident took place19.4.1990. despite noticing section 64-vb of the 1938 act, but having regard to the underlying public policy behind the statutory scheme in ..... respect of insurance as evidenced by sections 147 and section 149 of the act and in particular having regard to the fact that policy of .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... involved in the accident.8. the question that falls for consideration is as to at what stage the tribunal is to inquire into objection raised by the insurance company under the act. should such objections be treated as preliminary issue and be decided by the tribunal in the first instance which in the nature of things would result ..... was obtained by the non-disclosure of a material or by a representation of fact which was false in some material particular.(3) xxx xxx xxx(4) where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy ..... purshottambhai harijan and ors.) on 24.01.2006. therefore, it was considered desirable to constitute a larger bench. this is how these matters are before this full bench.4. the question advanced for consideration is `whether application under section 140 can lie independently or has to be filed with application under section 166'. in other words, whether .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1995)ACC403
..... agree with the learned judge of the delhi high court and say that for the liability of the employer for penalty under section 4-a of the w.c. act, the insurance company cannot be held responsible.37. in oriental insurance co. ltd. v. jevaramma 1988 acj 671 (karnataka), the division bench of the karnataka high court was also called upon ..... weighed heavily with the learned single judge of the madhya pradesh high court is that in the policy of insurance in that case, the insurer had not excluded its liability under section 4-a of the w.c. act and, therefore, the insurance company was liable to pay the penalty also. with respect, we are not in a position to subscribe ..... no. 1 though duly served has not entered appearance.12. the debate at the bar mainly centred round the question whether the insurance company would be liable to pay penalty under section 4-a of the w.c. act. of course, other questions were also canvassed at the bar. before we take up this central issue which was canvassed before .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ61; (2007)1GLR567
..... say that the motor vehicles [passenger insurance] act, 1971, made insurance cover for passenger liability compulsory by repealing paragraph (a) and the proviso of sub-section 203(4). but this act was repealed by road traffic act, 1972 though under section 145 of 1972 act the coming into force of the provisions of act 1971 covering passenger liability was delayed ..... that since the offending vehicle was used for hire, respondent no. 2 had violated the conditions of the policy and the insurance company was not liable to satisfy the award.2.4. the appellant has, therefore, approached this court for enhancement of the compensation as well as to challenge the finding of the ..... ranjit ginning and pressing co. reported in 1977 acj p.343, the insurance company is absolved from discharging the liability to reimburse the insured. he has, therefore, submitted that this appeal has no merit and it is required to be dismissed.4. it is not in dispute that the offending vehicle belonged to respondent no .....
Tag this Judgment!Court : Gujarat
Reported in : I(1996)ACC281; 1995ACJ976
..... by its letter of 5.8.1986 at exh. 37 on the record of the case.8. it would be quite proper to look at section 64-vb of the insurance act, 1938, in that regard. it reads:64-vb. no risk to be assumed unless premium is received in advance.- (1) no ..... such refund shall in no case be credited to the account of the agent.(4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the collection excluding bank and postal ..... clearly mean that an authorised agent is authorised to accept the payment of advance premium together with the proposal form from the insured. so far as sub-section (4) is concerned, it is a transaction between the insurer and the agent; the insured (as a third party to the said transaction) is not vitally concerned with it. once the authorised agent accepts the proposal .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR720
..... opinion, this finding is not of importance, but we have merely noted the same so that the contention of the respondent insurance company can be answered. in this context the respondent insurer had contended that under the motor vehicles act, a claim is basically a claim for damages under torts, and that such claim could only be entertained or allowed where ..... [40(3) glr page 2483], which follows and reiterates the earlier decisions of the supreme court in the case of commissioner of income tax v. sun engineering works [1992(4) scc 363] and in the case of madhavrao scindia reported in 1971 (1) scc 85. the sum and substance of the dicta of the supreme court, in the context ..... any other driver of any other vehicle responsible for the accident. consequently, there was no question of preferring the claim as a third party qua such other vehicle.4. it is not necessary to discuss in detail the evidence led by the claimants to establish that the accident in question which led to the death of the owner .....
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