Court : Madhya Pradesh
Reported in : [1989]179ITR254(MP); 1989MPLJ488
..... undivided family. in the return filed under the act by the accountable person, a sum of rs. 45,000 was shown as the value of the three insurance policies belonging to the hindu undivided family. the assistant controller of estate duty included 1/4 interest of the deceased in the insurance policies in the computation of the net principal ..... assignment of a policy and a nomination in a policy. the relevant provisions of section 39 of the insurance act, dealing with nomination, are as follows :'39. nomination by policy-holder.--(1) the holder of a policy of life insurance on his own life may, when effecting the policy or at any time before the policy matures for ..... an assignment. this distinction was recognised by a division bench of this court in mohanavelu mudaliar v. indian insurance and banking corporation ltd. [1957] 27 comp cas 47 (mad) in relation to sections 38 and 39 of the insurance act. section 38(5) clearly states that the effect of an assignment is that the assignee is the only .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP118
..... appearing in person submitted that under sub-section (1) of section 4 of the public liability insurance act, 1991 (for short 'act'), every owner is under obligation to take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under sub-section (1) of section ..... mr. d'silva is also quoted hereinbelow:10. extent of liability.-- (1) subject to the provisions of sub-section (2a) of section 4 of the act, the maximum aggregate liability of the insurer to pay relief under an award to the several claimants arising out of an accident shall not exceed rupees five crores and in case of ..... or damage to any property as a result of any accident in the ordnance factory, katni.14. sub-section (2-a) of section 4 of the act quoted above provides that no insurance policy taken out or renewed by an owner shall be for an amount less than the amount of the paid up capital of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996(74)FLR2293]; (1998)IIILLJ993MP
..... 1986, on the under noted substantial question of law :'whether the legal heirs of a dependant as defined under section 2(6a) of the employees' state insurance act are entitled to claim the benefit available to the dependant ?'2. the facts lie in a narrow compass. the employee, ishwarlal, sustained injury on his right ..... counsel for respondent no. 1. none appeared for respondent no. 2.section 2(6-a) of the employees' state insurance act, 1948, defines the term 'dependant' as including a widowed mother.3. the employee died on november 4, 1981, when the widowed mother, kashibai, was alive. she died later on november 20, 1982. indisputably,kashibai is ..... indore, has filed this appeal under section 82 of the employees' state insurance act, 1948, against the order dated november 7, 1985, passed by the employees' insurance court (labour court), ujjain, in case no. 43/1982-esi thereby directing the appellant to pay dependant benefit from november 4, 1981, to november 20, 1982, to respondent no. 1 ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ698
..... bank issued a certificate (ex. d. 3). it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... 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 ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4-4-1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy (ex. d. 1), which covered the risk from 1-1-1988 to 31-12-1988 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998ACJ291
..... bank issued a certificate, exh. d 3. it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... 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 ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4.4.1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy, exh. d 1, which covered the risk from 1.1.1988 to 31.12.1988 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP340; [1962(5)FLR475]
..... government could exercise the power vested in it under, the provisions of section 74 of the act; lastly it was contended by the learned counsel that the state government had under rule 4 of the madhya bharat employees' state insurance rules, 1954 provided that presiding officers of civil or criminal courts could, in addition to their ..... issue were also published the rules made by the state government under section 96 of the act. 4. three contentions were raised by learned counsel for the applicant in support of this review application : firstly, he contended that an employees' insurance court had first to be constituted before any person could be appointed as a judge of ..... in the provisions of section 74 of the act which could restrict the power of the state government to appoint persons, other than the presiding officers of civil or criminal courts to function as employees' insurance courts in addition to their regular duties. the provisions of rule 4 cannot, in my opinion, he resorted to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992ACJ519
..... the accident, (d) agricultural income of rs. 300/- and daily wages of rs. 15/- not proved.4. none of these grounds is available to the insurance company as a ground of attack permissible under the law, section 96 (2), motor vehicles act, 1939. mr. dandwate, however, urged that the owners are also co-appellants. it is for this reason ..... was put to any witness, nor any evidence adduced in this behalf.5. claim proceedings under the motor vehicles act are not to be inserted with a litigative approach, more so by nationalised insurance company, an instrumentality of the state, supposed to be virtuous litigant.6. coming to the evidence on record, the first point regarding medical ..... section 110-d of the motor vehicles act is directed against award dated 31.7.1988 passed by member, motor accidents claims tribunal, jhabua in claim case no. 36 of 1988 awarding rs. 61.500/- as against claim of rs. 1,80.000/- to the claimant-respondent.2. the insurer has joined the owners as appellant probably .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ971; AIR2003MP156; 2003(1)MPHT371
..... the electric wire.3. the collector has awarded a compensation of rs. 25,000/-holding that the electricity is a hazardous substance as per public liability insurance act, 1991.4. the petitioner in the instant writ petition avers that m.p. electricity board is a body duly constituted under section 5 of the electricity (supply ..... further averred in the instant writ petition that the electricity has not been notified by the central government as hazardous substance under section 2(d) of the public liability insurance act, 1991. notification issued on 24-3-1992 by the central government makes no mention of electricity as hazardous substance, hence in the absence of notification of electricity, ..... energy is not 'goods' within the meaning of article 52 requires more consideration. it may be noted first of all that in the lahore case cited in air 1938 lah. 338 no such objection appears to have been taken and it was assumed that the article applied to electric energy as much as to any other commodity. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997ACJ1311
..... on the provisions by kerala and andhra pradesh high courts (supra) appear acceptable as it fulfils the scheme and object of the act requiring compulsory insurance for third party and we respectfully disagree with the view expressed by gujarat high court in the full bench decision cited before us ..... per cent special 15 pass 180.00discount add: for......1 dr. + 1 cond. 16.00----------436.00------------------------------------------------------------------------------------the contents of exh. d/4 with the schedule read as under:limits of liability.limit of the amount of the company's liability under section ii-1 (i) in ..... . less: 10 % sp. discount rs. ---------------- net premium rs. 436/---------------------------------------------------------------------------------from the above-quoted contents of exh. d/l and d/4 which are produced by the insurance company itself, it appears that rs. 180/- is charged as premium for the unlimited third party liability. in the contents of schedule to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1989)ACC214
..... was serious in his objection, he ought to have raised the plea in the written statement by raising specific names, addresses and particulars of the owner and the insurance company. section 98 of the act casts a duty on a person, against whom a claim is made in respect of any liability in relation to clause (b) of sub-section (1) ..... the relevant time these were the facts within the , special knowledge of the appellant. no doubt, it has come in the statement of the claimant (pw 3) vide para 4, that in the r.t.o. record, the name of ramchand jadia is recorded as the owner of the said vehicle. the said ramchand jadia died long back and ..... disability to the extent of 10% was assessed. the tribunal, considering all the facts, material and evidence on record, passed an award of rs. 12,500/- against the appellant.4. learned counsel, shri sujan jain, appearing for the appellant, urged only two grounds before this court. his first submission was that the provisions in relation to the claiming of .....
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