Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: orissa Page 1 of about 19 results (0.084 seconds)

Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Labanga S ...

Court : Orissa

Reported in : 2000ACJ1259; AIR1999Ori193

..... advance.-- (1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the ..... note. accordingly, the tribunal was justified in holding that the vehicle in question was validly insured with the appellant on the date of the accident.7. as the question was raised, a reference may be made to sub-sections (1), (2) and (4) of section 64vb of the insurance act, 1938 which reads thus :'64vb. no risk to be assumed unless premium is received in .....

National Insurance Co. Ltd. Vs. Bilasini Naik and anr.

Court : Orissa

Reported in : II(1999)ACC224; 1999ACJ547

..... appropriate time.7. the main question that calls for determination is, as to whether the appeal against an order under section 140 of the act is maintainable at the instance of the insurer and as to whether the liability of the owner of a goods vehicle causing the accident and resulting in death of a person carried as ..... learned counsel for respondent no. 2, however, challenges the maintainability of the appeal against an order under section 140 of the act by the insurer. it is his contention that the order under section 140 of the act being not an award, no appeal can lie against the same. it is further submitted that an enquiry under section 140 of ..... insurance co. ltd. against the order of the motor accidents claims tribunal, phulbani, passed under section 140 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') holding the appellant liable to pay the compensation towards no fault liability.2. the brief facts of the case are that on 27.2.1993 at about 4.30 p.m., the .....

The Oriental Fire and General Insurance Company Vs. Panapati Devi

Court : Orissa

Reported in : II(1989)ACC617

..... the driver. learned counsel lastly submitted that in any event taking into consideration the provision as contained in section 95(2) of motor vehicles act it must be held that the liability of the insurer in respect of an accident was to the extent of rs. 50,000/- in all and the award against the appellant beyond the said ..... follows:learned counsel for the appellant then urged relying on the decision of this court in british india general insurance co. ltd. v. captain ltbar singh : [1960]1scr168 that in view of sub-section (6) of section 96 of the act no insurer to whom the notice referred to in sub-section (2) thereof has been given is entitled 'to ..... respect of third party risks. sub-section (2) of section 96 of the act reads as follows:duty of insurers to satisfy judgments against persons insured in respect of third party risks--(1) if, after a certificate of insurance has been issued under sub-section (4) of section 93 in favour of the person by whom a policy has been effected, judgment .....

The New India Assurance Company Ltd. Vs. Smt. Sulochana Sahu and ors.

Court : Orissa

Reported in : AIR1988Ori202; [1990]67CompCas551(Orissa)

..... preferred this appeal and no appeal has been preferred by the owner.4. mr. p. roy, the learned counsel for the appellant contends that the maximum liability of the insurance company is fixed under section 95(2) of the motor vehicles act which is rs. 50,000/- and, therefore, the tribunal committed an error in directing that ..... the entire amount of rs. 70,000/- should be paid by the insurance company. he further contends that the quantum of compensation-awarded by the tribunal is excessive. mr. roy, the learned counsel appearing for the owner-respondent 4 supported ..... in this regard which is fully supported by the full bench decision of this court in the case of national insurance co. v. magikhaie das, air 1976 orissa 175. after analysing the different provisions of the motor vehicles act, it was held by this court : --'.........none of the grounds in the memorandum of appeal appertains to .....

Ashoka Trading Co. Vs. State Bank of India, Bolangir Branch

Court : Orissa

Reported in : 93(2002)CLT91

..... foresight can provide against and which human prudence is not bound to recognise possibly. the default is also of the plaintiff itself. therefore section 151 of the contract act is not attracted. in the aforesaid conspectus of the case, we are unable to disagree with the observation of trial court.8. the appeal has no merit and ..... reputation and by such dishonour of the cheque, it must have smirched against it reputation. so the plaintiff has claimed rs. 10,000/- towards damage for the act of the defendant which had injured its reputation. on 7.2.1981, the plaintiff sent a notice claiming delivery of the vegetable ghee tins which were pledged with ..... the plaintiff and the suit was bad for non-joinder of insurance company as a party which was otherwise necessary as without its presence, the suit cannot effectively and completely be adjudicated. with these averments, the defendant prayed for dismissal of the suit.4. the trial court has fixed the valuation of the damaged articles at rs. 2, .....

Smt. Tulasi Sahukar. Vs. New India Assurance Company Limited and ors.

Court : Orissa

..... for the appellant that as per section 50(2)(a) of the motor vehicles act, 1988 (for short the 'm.v. act' ) the appellant got theownership of the offending vehicle transferred in her favor by the registering authority on 4.12.1997. the vehicle was insured during theperiod of accident. on the basis of such factual submissions it was contended ..... that in view of section 157 of the m.v. act, insurance policy issued in favor of appellant's husband has to be deemed to ..... property while using the vehicle in public place and, therefore, the insurance of vehicle had been made compulsory under section 94 read with section 95 of the act.4. a perusal of sections 94 and 95 would further show that the said provisions do not make compulsory insurance to the vehicle or to the owners. thus, it is manifest .....

Oriental Insurance Co. Ltd. Vs. Mailupelli Aremah and ors.

Court : Orissa

Reported in : I(1998)ACC463; 1998ACJ1249

..... in that case, though it cannot be denied that unless premium is paid in advance, and indeed it is so provided in section 64vb of insurance act, 1938, risk is not assumed by the insurance company. reverting to the case at hand, there is no pleading that the cover note was issued fraudulently by the agent without payment of premium. ..... a certificate has been issued, all those certificates or that copy, as the case may be;under clause (d) thereof 'policy of insurance' includes 'certificate of insurance'.sub-section (4) of section 147 provides:where a cover note issued by the insurer under the provisions of this chapter or the rules made thereunder is not followed, by a policy of ..... have been communicated to the owner of the vehicle. to hold otherwise would be to give the appellant insurance company a benefit for its failure to fulfil its statutory duty imposed by sub-section (4) of section 147 of the act. this cannot be permitted.18. in none of the decisions cited by the learned counsel for the .....

The Oriental Insurance Co. Ltd. Vs. Rabindra Mandal and ors.

Court : Orissa

Reported in : 2009ACJ962; 104(2007)CLT174

..... court records. although the appellant-company had moved the commissioner of workmen's compensation for adducing evidence, the same was rejected by order dated 3.4,2002 and the insurance company has not sought to challenge the said order in any form whatsoever and has instead allowed the same to become final. it is further ..... electric wire while chasing a monkey in the jute field. relying upon such a report of the so called 'independent investigating agency' the insurance company filed a petition on 3.4.2002 before the workmen's compensation commissioner seeking permission to adduce evidence to prove the falsity of the case but the said petition was ..... well settled that this court while acting as an appellate court has to base its findings only on the materials on record before the workmen's compensation commissioner and no other.8. order 6, rule-4 .....

Prasanna Kumar Mitra Vs. Pravati Khatei and ors.

Court : Orissa

Reported in : 1991ACJ1046; AIR1991Ori312

..... day, the age of the deceased as well as all other relevant factors, the tribunal assessed the amount at rs. 1,00,000/-. but as the liability of the insurer under section 95 of the act was to the extent of rs. 50,000/-, the tribunal directed that out of rs. 1,00,000/-rs. 50,000/- would be paid by the ..... the accident took place was not entitled to claim any compensation under the provisions of the motor vehicles act.3. the tribunal framed 4 issues and on consideration of the materials before it discarded the plea of the owner as well as of the insurer and held that the accident took place while the deceased was walking on the road on account of ..... insurer and balance sum of rs. 50,000 / - would be paid by the owner. it is this award which is being challenged in this appeal.4. at the outset mr. basu appearing .....

Regional Director, Employees' State Insurance Corporation Vs. Satyabad ...

Court : Orissa

Reported in : 1993(II)OLR490

..... under section 82(2) of the employees' state insurance act (hereinafter referred to as 'the act') against the judgment of the insurance court, cuttack in insurance misc. case no. 4/78.2. the question for consideration in this appeal is whether the conclusion of the insurance court that the satyabadi press and 'the samaj' ..... are the two distinct units is at all sustainable in law. the employees working in the establishment of 'the samaj' were not covered under the definition of 'employee' under section 2(9) of the act ..... and, therefore, the employees of the samaj would come within the definition of section 2(9) of the employees' state insurance act, 1918. the conclusion of the insurance court on that score is based upon thorough misreading of the relevant materials as discussed above and thorough misconception and the same, .....