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Employees' State Insurance Corporation Vs. Dayabhai and Anr.

Court : Madhya Pradesh

Reported in : [1996(74)FLR2293]; (1998)IIILLJ993MP

..... 1986, on the under noted substantial question of law :'whether the legal heirs of a dependant as defined under section 2(6a) of the employees' state insurance act are entitled to claim the benefit available to the dependant ?'2. the facts lie in a narrow compass. the employee, ishwarlal, sustained injury on his right ..... counsel for respondent no. 1. none appeared for respondent no. 2.section 2(6-a) of the employees' state insurance act, 1948, defines the term 'dependant' as including a widowed mother.3. the employee died on november 4, 1981, when the widowed mother, kashibai, was alive. she died later on november 20, 1982. indisputably,kashibai is ..... indore, has filed this appeal under section 82 of the employees' state insurance act, 1948, against the order dated november 7, 1985, passed by the employees' insurance court (labour court), ujjain, in case no. 43/1982-esi thereby directing the appellant to pay dependant benefit from november 4, 1981, to november 20, 1982, to respondent no. 1 ( .....

M/S. M.S. Manufacturing Company Vs. the New India Assurance Company Lt ...

Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula

..... anr, ii (2010) cpj 1 (sc) has held as under:- .there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them. we also add, that ..... 00 lacs for building-super structure, rs.20.00 lacs for plant machinery and accessories and rs.20.00 lacs for stock and stocks in process). in the insurance policy, there was clause 4, that is, reinstatement of value policy clause. 2. on january 5th, 2013, at about 3.30 a.m. fire took place in the premises of ..... by harpal and associates that the useful life of the building was reduced to 50% approximately. the photographs taken on the spot are exhibit c-44 (25 photographs). 4. the grievance of the complainant is that the surveyor has wrongly assessed the loss and applied method of deduction of depreciation wrongly and illegally. 5. the complainant filed .....

M/S. M.S. Manufacturing Company Vs. the New India Assurance Company Lt ...

Court : SCDRC

..... anr, ii (2010) cpj 1 (sc) has held as under:- .there is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of insurance act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them. we also add, that ..... 00 lacs for building-super structure, rs.20.00 lacs for plant machinery and accessories and rs.20.00 lacs for stock and stocks in process). in the insurance policy, there was clause 4, that is, reinstatement of value policy clause. 2. on january 5th, 2013, at about 3.30 a.m. fire took place in the premises of ..... by harpal and associates that the useful life of the building was reduced to 50% approximately. the photographs taken on the spot are exhibit c-44 (25 photographs). 4. the grievance of the complainant is that the surveyor has wrongly assessed the loss and applied method of deduction of depreciation wrongly and illegally. 5. the complainant filed .....

New India Assurance Co. Vs. Ramachandran

Court : Kerala

Reported in : 2002ACJ441

..... to challenge the quantum as that is not one of the grounds envisaged under s. 149(2) of the motor vehicles act and the insurance company cannot be treated as a party aggrieved by the award. the insurance company cannot be permitted to contest the quantum on the basis of the reservation clause in the policy also as such a ..... in those cases the question was only with respect to the filing of an appeal by he insurer when the insurer had not obtained permission under s. 170 of the motor vehicles act for raising contentions other than those statutory contentions available to the insurer. hence the above cited decisions cannot be of much significance in so far as the present ..... along with its defence'.in chinnamman george v. n.k. raju (2000) 4 scc 130 (cited supra) the supreme court held:'the appellate court must also be satisfied that a defence which is permitted to be taken by the insurer under the act was taken in the pleading and was pressed before the tribunal. on the appellate court being so .....

Reliance Life Insurance Co. Ltd. Vs. Rekhaben Nareshbhai Rathod

Court : Supreme Court of India

..... see great eastern life assurance company limited v bai hira - 1930 ilr vol.lv12412 the high court observed that the law of insurance had, however, undergone a material change by the enactment of section 45 of the insurance act 1938. explaining the provisions of section 45 the high court held: the section is divided into two parts. under the first part, ..... (satwant kaur sandhu v new india assurance co ltd6); (iv) it is only when an insurer seeks to repudiate a policy of life insurance or a claim arising under it after two years of the effective date of the policy that by reason of section 45 of the insurance act 1938, the insurer will have to demonstrate that the information sought in the ..... held by the life assured, we are constrained to repudiate the claim under the policy in terms of section 45 of the insurance act 1938. 6 on 24 february 2012 the respondent addressed a legal notice alleging a deficiency in service and then moved a consumer complaint before the district consumer disputes .....

The New India Assurance Company Limited, Bangalore Vs. Rajendra Singh ...

Court : Karnataka

Reported in : II(2000)ACC392; 2000ACJ1039; AIR2000Kant202; ILR2000KAR886; 2000(2)KarLJ207

..... -3-1977. it is not in dispute that the t.a.c. being a statutory body created under section 64-u of the insurance act, 1938, its instructions have statutory force and are binding on all insurers by virtue of section 64-uc thereof. however, this point being purely of academic interest in this appeal and in view of the ..... by occupants of the vehicle who are not carried for hire or reward and the insurer cannot be held liable under the act. ....'.the supreme court has further proceeded to observe:'4. ..... but that does not prevent an insurer from entering into acontract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to ..... a gratuitous passenger in the said jeep vehicle from udupi to kundapura in the district of dakshina kannada. it was being driven in high speed by its owner r-4. it was racing behind the goods truck bearing registration no. mir 9247 which was transporting the load of wooden logs which were protruding beyond its body. when .....

East West Hotels Ltd. Vs. Regional Director E.S.i.C.

Court : Karnataka

Reported in : ILR1985KAR373; 1985(1)KarLJ162; (1986)ILLJ172Kant

..... .1. this appeal arises out of order dated 19th september, 1979 passed by the employees' insurance court, bangalore, on an application filed by the appellant herein, under s. 75(g) of the employees' state insurance act, 1948, (hereinafter referred to as the esi act on esi application no. 2/1976. 2. the appellant-company, a hotelier, was called ..... could be given, such as : i) conversion of paddy into rice;ii) conversion of latex into sheet-rubber;iii) work of washing, peeling and cleaning of prawns;iv) cutting and drying of arecanuts;v) slicing of bread manufactured in the bakery;vi) blending, packing and re-packing of tea or coffee;vii) process of 'converting ..... that the state government has not issued any notification under s. 1(5) of the esi act extending the provisions of the act to establishment like the appellants hotel and that therefore the appellant is not amenable to the provisions of the esi act. 4. the points that arise for our consideration in this appeal are : (i) whether the .....

Indian Medical Association Vs. Ministry of Labour and Employmentand an ...

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

Indian Medical Association Vs. Ministry of Labour and Employment& Anr.

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

Indian Medical Association Vs. Ministry of Labour and Employmentand An ...

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....