Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: punjab and haryana Page 3 of about 22 results (0.280 seconds)

National Insurance Co. Ltd. Vs. Parveen Kumar and ors.

Court : Punjab and Haryana

Reported in : 2005ACJ1178; (2005)139PLR230

..... singh and ors., air 2004 sc 1531. the interpretation of section 149(2)(a)(ii) vis-a-vis the proviso appended to subsections (4) and (5) of the motor vehicles act, 1988 came up for adjudication. the insurance companies, in me claim petition, has raised defences like (a) driving licence produced by the driver or owner of the vehicle was a fake ..... policy i.e. the vehicle should not be driven by a person who is not duly licenced under section 92(2)(b)(ii) of the said act that was subject matter of debate. in oriental insurance company limited v. hansrajbhai v. kodala and ors.,(2001)5 s.c.c. 175, the supreme court approved the view taken by it in ..... to avoid its liability merely for technical breach of conditions concerning driving licence. the defence projected by the insurance company in the context of section 149(2)(a)(ii) and proviso appended to sub-sections (4) and (5) of the motor vehicles act, 1988 can succeed only if it is proved that the accident had taken place only because the driver .....

R.P. Chopra and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1994)107PLR558

..... punjab roadways (ministerial) state service class iii rules, 1977 (for short, the rules), have challenged the orders by which the employees' state insurance act, 1948 (for short, the act) has been made applicable to the drivers, conductors, ministerial staff and inspector staff of punjab roadways, chandigarh, in this petition under articles 226/227 ..... petitioners arc governed by the rules and were entitled to the medical benefits provided by the punjab government to its employees till september 4, 1976. the provisions of the act have been extended to the road motor transport establishment in the union territory of chandigarh vide notification no. 10102/saih-76/1g308, ..... punjab government roadways and pepsu roadways transport corporation from the provisions of the act was declined and the provisions of the act have to be complied with.4. learned counsel for the petitioners submitted that under section 1(5) of the act, the state government, with the prior approval of the central government, .....

M.L. Nohria Vs. General Insurance Corporation and ors.

Court : Punjab and Haryana

Reported in : (1979)ILLJ414P& H

..... contention a reference to the legislative history relevant thereto becomes inevitable. it is necessary to recall that the life insurance business within the country was nationalised much earlier and in its wake came the life insurance act of the year 1956. however, at that stage the general insurance busines, was allowed to continue in private hands though it is also manifest that the life ..... respondent no. 2 would be company within the meaning of the companies act, 1956.10. proceeding further on the aforesaid firm premises the learned counsel for the respondents then adverted to an highlighted the provisions of section 4(i), by virtue whereof all the shares in the capital of every indian insurance company, which would include within its ambit respondent no. 2, would .....

Archana Sharma Vs. Union of India and Others

Court : Punjab and Haryana

..... india. such objection is based on the fact that it is a company incorporated under the 1956 act. respondent no.3 has not given any information as to who are the share holder so as to determine whether the the said life insurance company is other authority and thus state within the meaning of article 12 of the constitution and ..... , para 15) (3) it may also be a relevant factor ..whether the corporation enjoys monopoly status which is state conferred or state protected. (scc p. 508, para 15) (4) existence of deep and pervasive state control may afford an indication that the corporation is a state agency or instrumentality. (scc p. 508, para 15) (5) if the functions of ..... form and the demand draft were found to be incomplete as the medical questionnaire was not filled by the proposer. as the health questionnaire cwp no.4220 of 2013 -4- had not been filled by the proposer, therefore, it was not possible for the respondents to accept the proposal form and consequently, an intimation was sent on 16 .....

Kamal Singh and Anr. Vs. Employees' State Insurance Corporation

Court : Punjab and Haryana

Reported in : (1962)IILLJ298P& H

..... singh and jamna bai, could be called 'dependants' of gulsher singh within the meaning of the employees' state insurance act. in that act the term 'dependent' has the same meaning as that expression has in the workmen's compensation act, 1923, where it is in respect of parents defined as 'if wholly or in part dependent on the earnings ..... , was employed in a factory and in the course of that employment he met with a fatal accident and died. he was covered by the insurance provided by the employees' state insurance act, 1948. he was unmarried. his father kamal singh and his mother jamna bai made an application under section 53 of the employees' state ..... meaning of the term 'dependent.' that certainly is a question of law, and the findings of fact of the insurance court are not in dispute before us.4. mr. safeer, in support of the present appeal, contends that the insurance court misunderstood the real meaning of the expression 'dependent' and, therefore, came to the erroneous conclusion that the .....

Present: Mr. Ashok Goel Advocate Vs. Satwant Kaur and Others ......App ...

Court : Punjab and Haryana

..... in vimal kanwar v kishore dhan (2013) 7 scc476the suggestion was ` 2 lacs for loss of love and affection and ` 1 lac for loss of consortium).the insurance company must act with grace and not waste the time of the court and defy the court to pass any order it pleased. 3. in the proposal, the appellants have sought ..... deceased: occupation claimants: heads of claim tribunal sl no amount (rs.1 income 2 add, % of increase 30%/ 50% 3 deduction 1/2, 1/3, 1/4, 1/5 4 multiplicand (annualized) 5 multiplier 6 loss of dependence 7 medical expenses 8 loss of consortium 9 loss of love and affection for minor children 10 loss to estate 11 ..... for efficacious disposal of all cases relating to motor accidents. this incidentally will explain as to how the briefest mode of disposal is possible with minimum judicial time lost. iv. identifying the malady and administering correctives (i) to parties: negotiate; do not litigate in motor accident cases where motor accident particulars are well established 6. we have .....

Present: Mr. Ashwani Arora Advocate Vs. Neeraj Kumar Son of Kishori La ...

Court : Punjab and Haryana

..... the accident occurs or the occupational disease is contracted within or outside the territorial limits of fao no.4566 o 4. india; . by conjoint reading, it would be evident that the claim under the esi act under an insurance scheme would be admissible only in respect of the injuries sustained out of or in the cours.of employment. i ..... other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this act. the employment injury is defined under section 2(8) of the esi act. employment injury . means a personal injury to an employee caused by accident or an occupational disease arising out ..... that section 53 in its language would bar an action only if the claim under the act is for employment injury. section 53 is reproduced as under: bar against receiving or recovery of compensation or damages under any other law. -an insured person or his dependents shall not be entitled to receive or recover, whether from the .....

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... 2010 decided on 4.1.2012; reliance general insurance company limited v. vijay kumar and another. no consent of the respondent-company was obtained for subjecting itself to the conciliation process. the petitioner-company said it was not inclined to enter into any conciliation proceedings at all. section 45 of the insurance act, 1938 was pressed into ..... service which allows an insurance company to call off a policy of life insurance of the kind in question on the ground of concealment of material facts within two years from the date ..... applications and invited written statements and documents or evidence in support of either party, it can commence conciliation proceedings under sub section (4) and (5) of section 22-c of the act in order to assist the parties to reach an amicable settlement of the dispute in an independent and impartial manner. the question .....

Present:- Mr. Raj Kumar Bashamboo Advocate Vs. Sushil Saini and Others

Court : Punjab and Haryana

..... the aforesaid fact alone, this court is of the view that the insurer, who had indemnified respondent no.1 (insured).cannot challenge the award of the commissioner under employees' compensation act, 1923, raising such objections. in fact, the question raised by the insurance company has neither any foundation of facts in the pleadings not any ..... .1-sushil saini was entitled to receive the amount of compensation at ` 4,66,703.55/- from respondent no.2. admittedly, there is relationship of employer and employee between them and further respondent no.2 had admitted that ..... in during the cours.of his employment with respondent ?. 3. whether the applicant is entitled for any compensation as per w.c.act 1923 if so what amount and from whom?. 4. relief ?. . thereafter, the parties led evidence. after considering the evidence on record the employees compensation commissioner, held that respondent no .....

National Insurance Co. Ltd. Vs. Rita Goyal and Others

Court : Punjab and Haryana

..... of that person or those classes of persons. . 9. reverting back to the instant case, the respondents- claimants are not covered under the act as they are not the claimants, insured or insurer as the deceased stepped into the shoe of the owner of the vehicle in question. thus, they cannot be stated to be third party for ..... nos. 1 to 3 refers to the statement of rw3, harwinder singh narang, senior assistant, national insurance company and states that lrs of the deceased are ..... hon'ble supreme court in ningamma & another vs. united india insurance co. ltd. 2009(3) rcr (civil), 435. thus, the learned counsel argued that as the claim petition was filed under section 163-a of the act, it is primarily the liability of the owner to indemnify the claim.4. on the other hand, the learned counsel appearing for respondent .....