Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 5 of about 1,365 results (0.327 seconds)

U.P. State Road Transport Corporation Through Its Regional Manager Vs. ...

Court : Allahabad

Reported in : [2008(119)FLR982]; (2009)IILLJ247All

..... of contribution from their wages, hence same was not deposited with the employees state insurance corporation. though under section 40 of the act principal employer is duty bound to pay the contribution as defined under section 2(4) of the act. the petitioner could not deposit the amount due to the interim orders operating against ..... employees state insurance (general) regulation, 1950 for the said period, or,(iii) ascertaining whether the employees continue to be entitled to benefits provided by the employer in cash and kind being benefits in consideration of which exemption is being under this notification; or.(iv) ascertaining whether any of the provisions of the act had been ..... facts and circumstances of the present case.2. the petitioner-corporation has been granted exemption from the provisions of the employees state insurance act, 1948 under section 88 and 91-a of the act, with retrospective effect, w.e.f. 14.011986 by means of the notification dated 5.5.2003. hence no recover of .....

Mummidipalli Syamaladevi Vs. Regional Director, Esi Corporation and or ...

Court : Andhra Pradesh

Reported in : 2003(2)ALD436; [2003(97)FLR372]; (2003)IILLJ345AP

..... 2-1996 passed in eic no,4/1995 on the file of the court of the employees insurance court and chairman, industrial tribunal-i, hyderabad.2. the mother of the deceased-m durga prasad moved the employees insurance court under section 75(c) and (g) of the employees state insurance act, 1948. (for short 'esi act'), inter alia, stating that her ..... son m. durga prasad was working as machine operator in the factory of the 3rd respondent since-august, 1989, he was residing in the quarter provided by the 3rd respondent in the factory premises, and died due to electric shock in the early hours of 22-4- ..... rushed to the esi hospital at erragadda where the doctors declared him as dead. the said fact was immediately informed to the employees state insurance corporation by accident report on 22-4-1991 itself. the accident notice was also served on the inspector of factories informing the accident. it is further stated by the 3rd .....

Regional Director, Employees' State Insurance Corporation Vs. M. Ganes ...

Court : Chennai

Reported in : (2001)ILLJ1662Mad

..... appellant before this court.2. eiop no. 84 of 1989 was filed by the respondent herein, an employee, under section 75 of the employees' state insurance act] (hereinafter called the act). according to him he was employed from april 14, 1969, as a worker in the factory of nojes woodhead and sons (india) ltd., which was ..... a bare reading of regulation 4, it is clear and that notwithstanding the termination of the contribution period, the provisions of the act continue to be enforceable till the end of the benefit period.14. the reason for such extended period of benefits is not difficult to be seen. the employees' state insurance act is a piece of beneficial ..... would further rely on the judgment of this court in tirupur textiles (private), ltd. v. employees' state insurance corporation 1988 (1) lln 688 in support of his contention that he would be entitled to the benefits, of the act.4. in the counter-filed by the corporation, it was contended that the employment injury was sustained on september .....

New India Assurance Company Limited Vs. Sampeta Ravi

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... best known appointed another surveyor d. brahmaiah contrary to section 64um of the insurance act, 1938. it did not take permission from the insurance regulating development authority. 12. the national commission in a decision reported in iv (2008) cpj 76 (nc), saraf associated v. oriental insurance co. ltd. and anr., held that second surveyor could be appointed only ..... with the permission of authority. it may also be mentioned that in case if one goes by the provisions of the sub-section (3), section 64um of the insurance act, 1938, the 2nd ..... not entitled to any compensation, and therefore, prayed that the complaint be dismissed. 4. the complainant in proof of his case filed his affidavit evidence and got the documents marked as exs. a.1 to a.5, while the insurance company filed the affidavit evidence of its manager and got the documents marked as exs .....

Jose Vs. Insurance Regulatory and Development Authority

Court : Kerala

Reported in : II(2003)ACC506; 2003(1)KLT754

..... had laid down rules, regulations, rates, advantages, terms and conditions, for transaction of motor insurance in consonance with part ii b of the insurance act, 1938. the tariff superceded the one existing as on 30.6.2002. rationalisation was brought about byorder dated 25.4.2002 and on 17.5.2002, the chairman, tac clarified the methodology for 'loading' ..... (added increase of the rates) as following: 'it is now clarified that insurers may load the third ..... has to be followed by all offices both in letter and spirit, failing which the authority will constrained to take action under the provisions of the insurance act, 1938.'he further submitted that during the pendency of the writ petitions, taking note of the resentment of the customers a meeting had been arranged to be .....

Rajaram N.S. Bandekar and Company Pvt. Ltd. and anr. Vs. Oriental Insu ...

Court : Mumbai

Reported in : 2009(3)BomCR852

..... the policy that the barge had a registered tandel only to give an impression that it was a seagoing vessel.13. section 19 of the marine insurance act, 1963 states that:a contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided ..... deemed to know every circumstance which, in the ordinary course of business, ought to be known to him. if the assured fails to make such disclosure, the insurer may avoid the contract.sub-section (4) of section 20 provides that:whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.14. ..... 13th july, 1987 and has further held that defendant no. 1 had failed to prove that the barge had sunk on 13th july, 1987 prior to the payment of premium.4. the learned trial court has also come to the conclusion that the agreement of sale under which possession was given by the plaintiff no. 1 to plaintiff no. 2 .....

Ramesh Chand Vs. Pollagoni Venkanna and ors.

Court : Andhra Pradesh

Reported in : 2007ACJ2198; 2007(1)ALD177; 2006(6)ALT806

..... money order has booked or the cheque is posted is a crucial and acceptable date for the purpose of renewal of insurance policy as envisaged under the explanation of section 64vb of the insurance act, 1938 (for brevity 'the insurance act').16. the relevant facts, after pruning irrelevant, insofar as the present question is concerned, are as under:the vehicle ..... by postal money order and a proper receipt shall be obtained by the insurer from the insured, and such refund shall in no case be credited to the account of the agent.(4) ...(5) ...20. sub-section (2) of section 64vb of the insurance act postulates that risk would be assumed not earlier than the date on which ..... it is on record and admitted fact that the letter of request as well as the cheque has been accepted by the insurer and the cheque has been encashed also and renewal was recorded through ex. b-4 policy35. here, the expression 'renewal' gives much significance. as already noticed, renewal is slightly different from a new policy, .....

United India Insurance Co. Ltd. Vs. Lanco Rani Joint Venture and Anoth ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the tariff advisory committee, a statutory body constituted under section 64u of the insurance act, 1938. the same has to be followed by all the general insurance companies and any deviation or breach of tariff would attract the provisions of section 64vb of the insurance act; that any premium short charged at the time of issuance of the policy ..... the respondent of its having allegedly paid short premium in respect of the previous policies. deduction of the said amount based on the inspection report dated 4.5.91 and the audit report was thus totally unjustified. there is no illegality or jurisdiction error in the order of the state commission calling for ..... no case be credited to the account of the agent (4)..... (5)..... 18. this would mean that under sub-section (2) of section 64vb of the insurance act, if there is short payment of premium, the insurance company cannot assume the risk. similarly, under sub-section (1), no insurance company can assume the risk until the premium payable is .....

Divisional Manager, Oriental Insurance Co. Ltd. Vs. G. Roshanna and an ...

Court : Andhra Pradesh

Reported in : 2007(5)ALD261

..... proviso to sub-section (4) as well as the language employed in sub-section (5) would indicate that they are intended to safeguard the interest of an insurer who otherwise has no liability to pay any amount to the insured but for the provisions contained in chapter xi of the act. this means, the insurer has to pay to the ..... of fulfilling the condition of the policy regarding use of vehicles by a duly licensed driver or one who was not disqualified to drive at the relevant time;(iv) insurance companies, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also establish ' ..... the burden of proof wherefor would be on them.(v) ...(vi) ...(vii) ...(viii) ...(ix) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149 read with sub-section (7), as interpreted by this court above, the .....

Life Insurance Corporation of India Vs. Canara Bank Ltd. and ors.

Court : Karnataka

Reported in : [1973]43CompCas534(Kar); ILR1973KAR1292; (1973)2MysLJ117

..... regarding hospitalisation, did not amount to material facts and disclosure of which was necessary for an insurer. it was, therefore, concluded that the policies were valid and enforceable, and the provisions of section 45 of the insurance act, 1938, on which alone the insurer could rely to avoid the policies, would be unavailable to the defendant, l.i.c. on ..... specifically invited to do so. 22. we shall refer briefly to the evidence adduced in regard to the hospitalisation and treatment of the assured during the period august 4, 1959, to september 5, 1959, just 14 months prior to the sending up of the proposal in regard to the first of the above policies. in this ..... health, and that such statements related to material facts and the same were deliberately and fraudulently suppressed by the assured, although they were well within his knowledge. 4. the case of the trustee, in substance, was that the statements did not relate to material facts and the assured has had no knowledge of such facts .....