Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: kerala Page 1 of about 18 results (0.125 seconds)

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Reported in : (2010)ILLJ279Ker

..... persons are the benefit provisions of chapteremployed or were employed for iv, v and vi of the act havewages on any day of the preceding already been brought into force bytwelve months namely; the central government undersection 1(3) of the employees'(i) hotels; state insurance act, 1948 (centralact 35 of 1948), except the areas(ii) restaurants ..... ; where the scheme has already beenextended with effect from the(iii) shops; midnight of march 29, 1975 videnotification no. 22877/e2/73lbr(iv) road motor transport dated march 22, 1975 published inestablishments; the ..... the hospital which is part of the christian medical college, vellore is a 'factory' within the meaning of section 2(1) of the act.4. new grant high class bakery v. esic (1974) lab i.c. 533 (bombay)-it was held that a bakery where a slicing machine is being operated electrically is a factory. .....

New India Assurance Co. Vs. Ramachandran

Court : Kerala

Reported in : 2002ACJ441

..... to challenge the quantum as that is not one of the grounds envisaged under s. 149(2) of the motor vehicles act and the insurance company cannot be treated as a party aggrieved by the award. the insurance company cannot be permitted to contest the quantum on the basis of the reservation clause in the policy also as such a ..... in those cases the question was only with respect to the filing of an appeal by he insurer when the insurer had not obtained permission under s. 170 of the motor vehicles act for raising contentions other than those statutory contentions available to the insurer. hence the above cited decisions cannot be of much significance in so far as the present ..... along with its defence'.in chinnamman george v. n.k. raju (2000) 4 scc 130 (cited supra) the supreme court held:'the appellate court must also be satisfied that a defence which is permitted to be taken by the insurer under the act was taken in the pleading and was pressed before the tribunal. on the appellate court being so .....

Jose Vs. Insurance Regulatory and Development Authority

Court : Kerala

Reported in : II(2003)ACC506; 2003(1)KLT754

..... had laid down rules, regulations, rates, advantages, terms and conditions, for transaction of motor insurance in consonance with part ii b of the insurance act, 1938. the tariff superceded the one existing as on 30.6.2002. rationalisation was brought about byorder dated 25.4.2002 and on 17.5.2002, the chairman, tac clarified the methodology for 'loading' ..... (added increase of the rates) as following: 'it is now clarified that insurers may load the third ..... has to be followed by all offices both in letter and spirit, failing which the authority will constrained to take action under the provisions of the insurance act, 1938.'he further submitted that during the pendency of the writ petitions, taking note of the resentment of the customers a meeting had been arranged to be .....

Nirmala Vs. The Senior Divisional Manager,l.I.C.

Court : Kerala

..... consideration, the lic had repudiated the liability under the policy as per ext.p2 communication.14. under section 45 of the insurance act, 1938, the insurer is free to repudiate an insurance policy even after the expiry of two years from the date on which it commenced, if a false statement was made on ..... , the petitioner's deceased son had undergone two renal surgeries. the petitioner is harping upon section 45 of the insurance act, 1938 which reads as follows: "no policy of life insurance shall after the expiry of 2 years from the date on which it was effected be called in question by an ..... 4. aggrieved by the repudiation, the petitioner approached the permanent lok adalath at thiruvananthapuram for public utility services with a petition. the permanent lok adalath rejected the petition harping on the ground that the contract of insurance was vitiated by suppression of material facts. the petitioner alleges that the repudiation is bad in the light of section 45 of the insurance act 1938 .....

Law Society of India Vs. Fertilizers and Chemicals Travancore Ltd. and ...

Court : Kerala

Reported in : AIR1994Ker308

..... complying with all the statutory requirements in regard to the storage tank he has produced for our perusal the papers relating to the insurance policy taken by the first respondent, complying with the provisions of section 4 of the liability insurance act. we feel that we need not further investigate this question in view of the course of action we are taking in this ..... shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. section 4 enjoins the owner to take out insurance policies. it provides that every owner shall take out, before he starts handling any hazardous substance, one or more .....

National Insurance Co. Ltd. Vs. Indus Motor Co. (P) Ltd.

Court : Kerala

Reported in : IV(2005)ACC469; 2005(4)KLT391

..... of the ombudsman holding that complaint under rule 13 by a limited company is not maintainable.4. the insurance act, 1938 as amended by act 42 of 2002 and 11 of 2003 is an act to consolidate and amend the law relating to the business of insurance. section 114 of the act confers power on the central government to make rules. in exercise of the powers conferred under ..... sub-section (1) of section 114 of the insurance act, central government framed redressal of public grievances rules, 1998 .....

The New India Assurance Company Limited Vs. Lilla Francis

Court : Kerala

..... a case of death. in the case of death and if employer - employee relationship is not in dispute, the workmen's compensation act provides formula for determining compensation. therefore, ordinarily the insurer, if the contract of insurance is admitted and the insurer has been intimated about the happening of the incident resulting in death and that the facts are not in dispute, should not ..... shrug off its responsibility in honouring the commitments, which are mfa no.85/2013 4 undertaken under the contract of insurance. this principle comes into more sharp focus when the insurer is a public sector unit and is also aware of the claim under the workmen's employees compensation act. in this context it is noted that there is liability on the employer to .....

The Divisional Manager, National Insurance Company Ltd. Vs. Risheendra ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... proposal on the ground that the cheque issued is a third party cheque and that the same is in violation of section 64 (v)(b) of the insurance act. the complainant had not received any previous intimation although the proposal and the premium amount were entrusted with the second opposite party on 10-04-2003. the ..... cheque had not been produced. as per section 64(v)(b) clause iv of the insurance act which is provided that where any insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission within 24 ..... the first opposite party. the complainant is yet to pay the amount incurred by the second opposite party. it is also pointed out that the insurer had accepted the cheque and acted upon, as the proposal was not rejected. moreover, in several earlier occasions the agents cheques were accepted by the first opposite party in similar situations .....

E.S.i. Corporation Vs. Fertilisers and Chemicals Travancore Ltd.

Court : Kerala

Reported in : 2003(2)KLT469; (2003)IIILLJ365Ker

..... the establishment of the respondent. the workers were doing loading and unloading works entrusted by the warehousing corporation. so they are employees of the respondent under the employees state insurance act.3. pw. 1 is the assistant finance manager of fact now working at hyderabad. he has deposed that during 1987-88 he was the accounting officer at pune and ..... regarding the pune regional office. he has reported that during the year 1986-87 towards handling charges and sundry charges more than 2 lakhs rupees was paid by the applicant.4. it is clear from the evidence that even after the closure of the pune regional office, the appellant has paid more than rs. 2 lakhs as sundry charges. ..... . the next question to be considered is whether the claim is barred by limitation. the order of assessment was passed by the appellant as per ext.pl dated 30.4.1992. it is stated that it relates to the period from 1984 to 1987. as per the lower court, since the assessment was made after inspection on 10.1 .....

Workmen of Parvathy Mills Vs. Industrial Tribunal and Two ors.

Court : Kerala

Reported in : (1960)ILLJ316Ker

..... the watchers, under the management in question, will be entitled to 12 days' casual leave in addition to the sick leave benefits under the state employees' insurance act.6. coming to issue 4, which, as already staged, related to the night allowance to be given to watchers working between 12 p.m. and 6 a.m. the tribunal ..... to the findings on issue 7 to the effect that they are now' getting 12 days' casual leave apart from the sick leave benefits under the state employees' insurance act. the learned counsel also pointed out that when the watchmen were daily rated, they were not getting any of these benefits or advantages. as i have mentioned earlier ..... but before the tribunal, it appears to have been conceded by the representative appearing for the workers that since sick leave has been provided for by the employees' state insurance act, the demand in regard to the same need not be considered in that reference. the tribunal has taken into account the fact that in other allied concerns, namely, .....