Court : Patna
..... . it was pointed out that the same approach had been adopted by the supreme court while construing the provisions of the act in motors owner's insurance co. ltd. v. jadavji keshavji modi, (1981) 4 scc 660 : (air 1981 sc 2059) and skandia insurance co. ltd. v. kokilaben chandravadan, (1987) 2 scc 654 : air 1987 sc 1184. 15. the harassment caused ..... 133) it was held that under the old act there were no requirements of deposit by the person preferring an appeal in ..... . ultimately it was held that by virtue of section 6(c) of the 1897 act the right of the appellant to get his application considered and decided in accordance with law was saved by section 217(4) of 1988 act. 7.10 in the case of oriental insurance company ltd., haldwani v. dhanram singh, air 1990 all 104 : (1990 all lj .....
Tag this Judgment!Court : Patna
..... 45(2) of the esi act, principal employers are required to produce the relevant records including ledger, cash book and vouchers relating to their factory ..... against the petitioners is that they failed to produce the records on demand by the insurance inspector at the time of inspection of the factory premises at chirkunda in dhanbad district and thereby committed offence under section 85(g) of the employees' state insurance act, 1948 (in short 'the insurance act').4. the relevant part of the complaint may usefully be quoted as under : 'under section .....
Tag this Judgment!Court : Patna
..... 31 of the e.s.i. regulations came in force on november 23, 1977.7. section 85 of the employees' state insurance act, 1948 provides for the punishment for failure to pay contributions etc. section 85-b of the act provides for power to recover damage, and it runs as below:85-b. (1) where an employer fails to pay the ..... is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.(2) any damages recoverable under sub-section (1) ..... the regional director had reduced the damages of rs. 1,85,292/- for the delayed payment of amount of contribution (both employer and employees) to rs. 26,450/-.4. in short the case of the petitioner-appellant is that the petitioner is a corporate body constituted under section 5 of the electricity supply .....
Tag this Judgment!Court : Patna
..... in air 1991 sc 1769. according to the appellants, the vehicle was insured by the united india insurance company ltd. (respondent no. 1) at the time of the accident. 4. learned counsel for the respondent-insurance company has submitted that although the vehicle was insured by the united india insurance company ltd. but it does not come under the purview of the aforesaid ..... preferred this appeal against the judgment dated 26.5.2009 passed in m.a.c. no. 4 of 2009/2 of 2008 by the additional district judge cum motor accident claim tribunal, jehanabad, whereby the claim for compensation under the motor vehicles act has been dismissed. 2. the brief fact of the case is that on 29.6. ..... not filed any petition under sections 166 or 163a of the motor vehicles act. 5. after hearing learned counsels for both the parties and on perusal of the records, it appears that it is admitted fact that the vehicle was insured by the united india insurance company ltd. and it was parked in the campus of the house of .....
Tag this Judgment!Court : Patna
..... ,178 and paise fifty by way of penalty and interest respectively on or before 16.4.1990. the appellant-insurance company deposited the amount of compensation on 24.4.1990. however, on 24.4.1990 the appellant-insurance company filed an application before the commissioner under the w.c, act for recalling the order dated 31.3.1990 which was rejected by the said commissioner in ..... to deposit the compensation amount within the statutory period the order for payment of interest and penalty cannot be recalled.4. mr. d.n. chatterjee, learned counsel for the appellant insurance company, assailed the aforesaid order of the commissioner under the w.c. act as heing illegal and wholly without jurisdiction. learned counsel firstly submitted that the order for payment of interest and .....
Tag this Judgment!Court : Patna
..... o.p. no. 2 but the said contract has nothing to do with the workmen's compensation act, according to which it is the payment of compensation and insurance company under no circumstance, can be dragged in this case.' paragraphs 5 arid 6 of the written ..... had not been acknowledged by the owner i.e. opposite-party no. 1 respondent no. 2. even after getting notice the insurance company for saving itself from penalty or interest had not taken any steps to make payment rather they were going to contest ..... amount shall be recovered from the employer by way of penalty.'4. mr. roy's submission is that the penalty, was imposed without any notice to the insurance company. it was never made known to the insurance company by the owner of the truck regarding the accident. ..... . 2 i.e. n.i.co. ltd. should be expunged from the case.(4) that it is further submitted by your petitioner that the coverage of the risk undertaken by the insurance company is a contract between the o.p.no.l (employer/owner) and submit .....
Tag this Judgment!Court : Patna
..... a belated stage after the assessment was in favour of the appellant then also when the appellant came up under section 8 of the arbitration act, for appointment of arbitrator, the insurance company did never raise any objection although several opportunities were given to file show cause, father from the order-sheet it appears that on consent ..... liberty to raise the point of legality or otherwise of reference to the arbitrator at that stage under section 30 of the arbitration act.6. mr. alok lal, appearing for and on behalf of the insurance company, has argued that within clause 3 of section 30 which enumerates 'award being otherwise invalid', the legality of reference can ..... did not participate in the reference after 4.10.1988 as is revealed from the order-sheet of the arbitrator. when the award was filed before the court for making it a rule of the court, the respondent-insurance company filed objection under section 30 of the arbitration act, taking the ground, inter alia, that an award .....
Tag this Judgment!Court : Patna
..... privilege of corporation and acquiring companies of carrying on general insurance business in india shall cease on and from the commencement of the 1999 act, and they shall thereafter carry on general insurance business in accordance with the provisions of the insurance act 1938 (hereinafter referred to as the '1938 act'). the insured had taken a mediclaim policy known as 'hospitalisation and domiciliary ..... was waiting for arrival of the company agent to collect the premium for renewal of the policy for the following period, namely, 4.12.2004 to 3.12.2005, but did not turn up. the insured, therefore, wrote his letter dated 14.5.2005 (annexure-2) that p.n. opadhyay, the agent, had informed that the ..... as non hodgkins lymphoma of the abdomen, described in common parlance as cancer of the abdomen, and had undergone chemotherapy and radiotherapy. the insured had informed the company of the illness on 8.4.2003. he lodged his claim on 26.8.2003 and his claim for rs. 1.50 lacs was paid on 11.2.2004. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... become final. this judicial order is binding on the insurance company and it cannot take the plea that since the police has submitted his final form, therefore, the claim of the complainant is being repudiated. 7. we have perused annexure-4. the only contention of o.ps. is that the sessions judge has acted beyond the power of revision, hence the order is ..... not binding. there is no susbtance in this submission of the o.p. which has not preferred any revision, or appeal against this order. therefore, this order of the district and sessions judge is binding to the insurance company also. this fact is also admitted that on 30.4.1999 the insurance company .....
Tag this Judgment!Court : Patna
..... liability with regard to 3rd party risk becomes unlimited or higher than the statutory liability under section 95(2)(b)(i) & (ii) of the m.v. act, 1939.so, the liability of the insurance company cannot go beyond the statutory limit covered by the policy. in the instant case, the owner of the vehicle had appeared and he was also examined ..... and its main grievance was that the entire amount of award was to be paid by the insurance company and the plea of limited liability was not sustainable because the insurance company failed to file the copy of the insurance policy in the trial court.4.i find that admittedly the copy of the policy of the respondent no. 5 was filed by ..... district judge-iv cum-claims tribunal in claim case no. 3 of 1987. the insurance company has not challenged the quantum of award granted to the claimants of the claim case. it has simply maintained in the appeal that its liability is limited only upto rs. 50,000/-, as per section 95(2)(v)(i) of t:he motor vehicle act, 1939.2 .....
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