Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 10 of about 1,365 results (0.518 seconds)

National Insurance Co. Ltd. Vs. Monghiben Kodarbhai Parmar

Court : Gujarat

Reported in : 2010ACJ429; AIR2009Guj72; (2009)1GLR765

..... 19th april, 1990, accident took place, the bus collided with the truck, whose driver died. the insurance company denied the claim asserting that under the terms of section 64-vb of the insurance act, 1938, no risk was assumed by an insurer, unless the premium thereon been received in advance. the motor accident claims tribunal rejected the contentions of the ..... a letter stating that the cheque had been dishonoured was sent by the insurance company to the insurer on23.1.1990. the premium was paid in cash on 2.5.1990. the accident took place19.4.1990. despite noticing section 64-vb of the 1938 act, but having regard to the underlying public policy behind the statutory scheme in ..... respect of insurance as evidenced by sections 147 and section 149 of the act and in particular having regard to the fact that policy of .....

New India Assurance Co Ltd. Vs. Dilawar @ Mukhtar and ors.

Court : Delhi

..... assured and pay the sum awarded to the claimants by the ld. tribunal.27. the provisions of sub-section 4 and 5 of the section 149 of motor vehicles act, 1988 may be considered as to the liability of the insurer to satisfy the decree at the first instance. 7. in the instant case, admittedly, the offending vehicle was ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to .....

The New India Assurance Company Limited Vs. Lilla Francis

Court : Kerala

..... a case of death. in the case of death and if employer - employee relationship is not in dispute, the workmen's compensation act provides formula for determining compensation. therefore, ordinarily the insurer, if the contract of insurance is admitted and the insurer has been intimated about the happening of the incident resulting in death and that the facts are not in dispute, should not ..... shrug off its responsibility in honouring the commitments, which are mfa no.85/2013 4 undertaken under the contract of insurance. this principle comes into more sharp focus when the insurer is a public sector unit and is also aware of the claim under the workmen's employees compensation act. in this context it is noted that there is liability on the employer to .....

New India Assurance Co Ltd. Vs. Urmila Rani and ors

Court : Delhi

..... assured and pay the sum awarded to the claimants by the ld. tribunal.27. the provisions of sub-section 4 and 5 of the section 149 of motor vehicles act, 1988 may be considered as to the liability of the insurer to satisfy the decree at the first instance. 7. as regards the issue of negligence is concerned, admittedly, ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to .....

Niranjan Kr. Paul Vs. Tata Aig General Insurance Company Ltd., and Oth ...

Court : Meghalaya State Consumer Disputes Redressal Commission SCDRC Shillong

..... to give satisfactory reasons for not accepting the report of the first surveyor and the need to appoint second surveyor. 23) section 64 um(2) of the insurance act, 1938, reads that no claim in respect of a loss which has occurred in india and requiring to be paid or settled in india equal to or exceeding twenty ..... in the said policy is justified or is it in accordance with the terms and conditions of the insurance policy (iv) whether the loss sustained in the accident by the complainant is proper and legitimate in nature (v) whether the opposite party (insurance company) is duty bound to make payment as per the scheme of the policy and as per ..... in submitting the reports by the surveyor. however, the surveyor found some discrepancies in the documents submitted by the complainant. this has some relevance to suggested issue no (iv) and that is why the surveyor re assessed the loss and submitted a revised final report. they have accepted the surveyors revised assessment of loss at rs. 6,61 .....

United India Insurance Co., Ltd., Rep. by its Chairman, Chennai and Ot ...

Court : Chennai

..... prescribed certificates and the correspondence relating to plaintiff's earlier approach for coverage with m/s. oriental insurance co., ltd., who expressed its inability to act speedily at a later stage. (iv) after perusal of the file, the assistant branch manager, who had been approaching for the insurance of the vessel and who had already contacted and secured prior concurrence of defendants 3 and ..... and also that of the defendants 3 and 4 are distinct or independent and that the first defendant is not bound by the acts, functions, transactions or obligations undertaken by the other defendants or entered on behalf of the first defendant insurance company. in the absence of any public notice or such notification informing the insurer like plaintiff about the powers of restriction of .....

Infosys Technologies Ltd Vs. Insurance Regulatory Development Authorit ...

Court : Karnataka

..... the month of april 2001, the tariff advisory committee (herein after referred to as tac, for brevity) formed under section 64 of the insurance act, 1938, had amended the all india fire tariff by inserting an entry in section iv of the said tariff 6 under the classification industrial/manufacturing risks and included electronic software park in the said classification. by this amendment, the ..... , 5-9-58/b, basheer bagh, hyderabad 500004, represented by its director. tariff advisory committee, a statutory body under the insurance act, 1938, ador house , 6, k.dubash marg, mumbai 400023, represented by its 2. 4 dgm in-charge shri.d.k.poddar.2. reliance general insurance company ltd., east wing, 5th floor, 28, centenary building, m.g.road, bengaluru-560001, represented by its chairman .....

H. Ali Vs. Employees State Insurance

Court : Central Administrative Tribunal CAT Guwahati

..... the period from 1.6.87 to 30.10.89 committed gross misconduct in as much as he prepared docket no. 13/54 dated 26.4.1989 for rs. 195/- in respect of insured person named s.p. das, ins. no. 184693 and forged the acquittance and mis-appropriated the amount of rs. 195/-. thus, shri ..... ) (ii) (iii) of ccs (conduct) rules, 1964 which is applicable to the employees of employees' state insurance corporation by virtue of regulation 23 of the employees' state insurance corporation (staff and conditions of service) regulations, 1959 as amended." 4. the applicant in his defence assailed the competence of the regional director, in initiating the disciplinary proceeding as without jurisdiction ..... misconduct in as much as he prepared docket no. 14/38 dated 28.4.89 in respect of shri n.k. sarkar, ins. no. 129007 for rs. 300/- and forged the acquittance of the insured person and mis-appropriated rs. 300/-. thus, by his above act shri ali, exhibited lack of integrity, devotion to duty and conduct unbecoming .....

Shakuntla Garg Vs. Shri Megh Raj

Court : Delhi

Reported in : 2001ACJ354; 86(2000)DLT423; 2000(54)DRJ543; (2000)126PLR42

..... of the provision's 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 ..... another, 1974 a.c.j. 150. 3. m/s. automobile transport (rajasthan) priatek ltd and another v. dewalal and others, 1977 acj 150 4. desraj and others vs . ram narain and others, : air1979all328 5. national insurance co. ltd. v. jugal kishore & ors., 1988 acj 270 6. oriental fire & genl. ins. co. ltd. v. veena pruthi and ..... alleged? 2. whether the petitioners are the legal representatives of the deceased? 3. whether the accident occurred due to negligence of the deceased as alleged in the written statement? 4. to what amount of compensation, if any, is the petitioner entitled? 5. relief.' 2. on issues no. 1 & 3, the tribunal held:- 'for the foregoing .....

Atmaram Mohanlal Panchal Vs. Gunvantiben Alias Geetaben and ors.

Court : Gujarat

Reported in : [1978]48CompCas250(Guj); (1977)GLR668

..... him that the persons entitled to claim the amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of the point at issue ..... upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the insurance act of 1938. the dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the ..... gift, title would pass unto the nominee and the policy-holder would have no right either to transfer or assign the policy which he has under sub-section (4) of section 39 of the insurance act. so also if any interest was created in favour of the nominee, the policy-holder would not be entitled to the sum assured upon the maturity of .....