Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: punjab and haryana Page 1 of about 22 results (0.129 seconds)

Employees State Insurance Corporation Madhya Marg Sector 19-a, Vs. the ...

Court : Punjab and Haryana

..... the central government hereby appoints the 18th day of april, 1982 as the date on which the provisions of chapter iv (except sections 44 and 45 which have already been brought into force) and chapters v and ..... that is there in the esi act. iv. text of section 1(3) notification 7. in this case it is not denied that the central government notification was issued on 17.04.1982, which is reproduced as under:- in exercise of the powers conferred by sub-section (3) of section 1 of the employees state insurance act, 1948 (34 of 1948), ..... actually there were no medical facilities provided to any of the employees in the year 1982 by esic. the counsel would refer to section 1(4) that excludes the applicability of the act to factories where better and more superior facilities are already available. the learned counsel would also refer me to judgment of the supreme court in .....

Vidya Singh Vs. Life Insurance Corporation of India and anr.

Court : Punjab and Haryana

Reported in : 2006ACJ1892; AIR2004P& H359; (2004)138PLR700

..... mere inaccuracy of a statement at the time of taking of the policy after two years of the policy. section 45 of the insurance act, 1938 incorporates this principle. after two years, policy can be avoided only if second part of section 45 applies. as held by the apex court. 'the three conditions for the application ..... , dw-7 and suicide note dw-13/1 do not in any manner prove the case that at the time of taking of policy, the insured suffered from disease of mental depression or any other disease.(iv) findings of the courts-below are clearly vitiated by erroneous approach to law, there being no legal evidence to show that deceased had deliberately made ..... the deceased. it was strenuously argued by shri d. v. sehgal, advocate, appearing for the lic that from the history sheet of the patient as shown in exhibit dw-6/4, and as contained in the pgi record, it is clear that the deceased was a known case of hypertension for the last 7 years, and, therefore, it should be held .....

Textile Mazdoor Ekta Union and Another Vs. State of Punjab and Others

Court : Punjab and Haryana

..... was not found suitable for the said dispensary. in the reply filed by respondent nos.3 and 4, it has been stated that as per section 58 of the employees' state insurance act, 1948, it is the state government, which shall provide infrastructure for insured persons. a letter dated 12.01.1998 (annexure r-1) has been written by the ..... the textile mazdoor ekta union, amritsar etc., for setting up a full-fledged e.s.i.dispensary in the compact area for the benefit of insured employees of putlighar, amritsar, as per e.s.i.act. on notice, reply on behalf of respondent nos.1 and 2, was filed by deputy controller, office of director, health services (social ..... insurance).punjab, stating that appointment of insured medical practitioners had been discontinued in the state of punjab. it is further stated that the existing e.s.i. .....

Girraj Prasad and Another Vs. Union of India and Another

Court : Punjab and Haryana

..... and ors. (2002)2 supreme court cases 278, has considered the provisions of section 95(2) of the act and held that though the liability of the insurer is limited as indicated in section 95 of the act, but it is open to the insured to make the payment of the additional higher premium and get higher risk covered in respect of sunil 2014 ..... 2014.03.21 13:58 i attest to the accuracy and integrity of this document fao no.116 of 2001 (o&m) -4- 10. the counsel for the appellants has not disputed that the policy produced by the insurance company is different from what they are relying upon. it can be noticed that in the schedule of premium as mentioned in the ..... singh, one of the employees of petitioner and the facts had been distorted. it was also pleaded that the claim was exaggerated and it was a case of limited liability.4. the tribunal held that the accident had been caused by respondent no.1 and the loss was only to the tune of rs.1,19,213/- but the liability of .....

National Insurance Company Ltd. Vs. Rani Rai Bajaj and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H104

..... is, by virtue of the provisions of section 13 of the code of civil procedure, 1908, conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938, and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the ..... to recover rs.2,050/- from darshan singh, the owner and the driver of the truck. the tribunal gave an award of rs.4,000/- in favour of mathura dass to be equally paid by both the insurance companies. it, while passing an award of rs.31,500/- in favour of shrimathi bhagwanti will be paid rs.13,500/- and out ..... lal for recovery of rs.1,00,000 application at serial no.3 was filed by pritam singh driver, the recovery of rs.25,000/- and application at serial no. 4 was filed by mathura dass, injured person, for recovery of rs.50,000/- respectively. shrimathi bhagwanti and others mentioned at serial no.5 filed a claim application for rs .....

Smt. Kailash Kumari and ors. Vs. Bhola and ors.

Court : Punjab and Haryana

Reported in : (1988)93PLR116

..... the record. now, the question that falls for consideration is at what stage the tribunal is to inquire into the objections available to the insurance company under section 96(2) of 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 ..... the offending vehicle totally, then the tribunal in the final award by virtue of the provisions of sub-section (4) of section 96 would direct the owner of the offending vehicle to pay to the insurance company the amount which the insurance company had paid to the claimants in pursuance of the award made under section 92a of the ..... are undisputed. it is stated that a similar application was moved before the tribunal but somehow or other no order was passed on the said application. 4. learned counsel for the applicants cited oriental fire and general insurance co. ltd. v. smt. beasa devi [1986] 59 comp cas 643 (p & h), wherein it has observed that (at page 652) .....

Life Insurance Corporation of India Vs. Permanent Lok Adalat and anr.

Court : Punjab and Haryana

Reported in : 2010ACJ409; (2008)152PLR651

..... , personal statement, declaration and connected documents or any material information is withheld, then and in every such case but subject to the provisions of section 45 of the insurance act, 1938, wherever applicable, this policy shall be void and all claims to any benefit in virtue hereof shall cease and determine and all moneys that have been paid in consequence ..... disorder. a disorder is not one 'tending to shorten life simply from the circumstances that the assured dies from it watson v. mainwaring (1813)4 taunt 763.a good health means reasonably good health yorke v. yorkshire insurance (1918)1 k.b. 662; and national mutual v. smallfield (1922) n.z. law 1074. a warranty of good health can ' ..... hardisty (1858)8 e and b 232 made honestly, that is, with belief in its truth, will not affect the validity of the contract anderson v. fitzerald (1853)4 h.l. cas 484, unless there is an express condition that it shall do so.it may be said that the present case is one where there was a condition .....

National Insurance Company Vs. Annie Varkey and ors.

Court : Punjab and Haryana

Reported in : I(2007)ACC256; 2007ACJ1827; (2006)144PLR412

..... . 229. he referred to para 6 of the judgment which reads as under:admittedly, the appellants-claimants made application only under section 163-a of the act. the argument of the learned counsel for the insurance company is that since in the said application, it was claimed by the claimants that the deceased was earning yearly income of rs. 1,00,000 ..... and daughter of the deceased. the claimants on account of the death of the deceased chundamala varkey varkey claimed compensation of rs. 14 lacs along with interest @ 18% p.a.4. the respondent no. 1 contested the claim by challenging the jurisdiction of the tribunal to entertain and try the said petition. the plea of estoppel against the claimants was also ..... granted a compensation to the tune of rs. 2,13,333/-. all other issues were decided in favour of the claimants. learned tribunal also took up issues no. 3 and 4 together and held as under:1 have considered the respective arguments, this claim petition under section 163-a of the motor vehicles .....

Jatt Ram Vs. Punjab State Human Rights Commission and anr.

Court : Punjab and Haryana

Reported in : (2005)141PLR297

..... the attendance of witnesses etc. some other powers have also been conferred upon the commission under sub sections (2), (3), (4) and (5) of section 13 of the act. section 14 of the act authorizes the commission for conducting any investigation pertaining to an enquiry, to utilize the services of any officer or investigation agency of ..... state commission may dismiss in limine complaints of the following nature.(i) illegible;(ii) vague;(iii) trivial or frivolous;(iv) barred under section 36(1) of the act;(v) barred under section 36(2) of the act;(vi) allegation is not against any public servant of the state government;(vii) allegations do not make out any specific ..... , or the like; he recommended the blue plate special. the doctor recommended special exercises for her. 4. to make desirable or attractive; a plan that has very little to recommend it.'recommendation' has been described to mean an act of recommending, 2. a letter or the like recommending a person or thing, 3. representation in .....

Banka Mal Naranjan Das and anr. Vs. the Central Bank of India Ltd. and ...

Court : Punjab and Haryana

Reported in : AIR1952P& H400

..... reference to the tribunal and proceedings to be held by it there is no reference to the tribunal in section 17.10. continuing with the act, section 18 deals with claims against insurance companies. this section expressly provides for determination of matters by the tribunal. section 19 provides that where a company or a co-operative society has ..... conversion of any partly paid up share into such smaller number of fully paid up shares as may have been issued. clause (3) is not very material. clause (4) provides that if the company or the co-operative society refuses to comply with any request contained in an application under clause (2) the tribunal may, on application ..... compensation in respect of any such property, the creditor shall be entitled to claim against this compensation and have a first charge upon it for certain amounts. clause (4) provides for the case where the debt was secured by a mortgage of agricultural lands and the mortgagee has been allotted lands in india in lieu of the .....