Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 8 of about 1,365 results (1.040 seconds)

N. Venkateswarlu Alias Venkanna Vs. Regional Manager, United India Ins ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD105; 2000(4)ALT531

..... . sri s. laxma reddy, learned counsel for the petitioner vehementlycontended that section 46 of the insurance act, 1938 casts a duty upon the respondents-insurance company to settle the claim after deducting the disputed amount and as the respondents-insurance company failed to discharge its duty in not settling the claim, there is no fetter on ..... as death of late srinivas was under suspicious circumstances, an investigator was appointed by the respondents-insurance company and it was revealed that thedeceased left the legal heirs who aremother, two brothers and a sister.4. it is further stated that the deceased srinivas went to nakrekal to meet the petitioner on 18 ..... were acknowledged by the authorities concerned, and there was no action to settle the claim. the petitioner herein therefore issued a legal notice on 20-4-1999 and thereafter also no action was taken, the petitioner by invoking the extraordinary jurisdiction under article 226 of the constitution has filed the above writ .....

United India Insurance Co. Ltd. Vs. Mina Mitra and anr.

Court : Kolkata

Reported in : 2004ACJ1837

..... the tribunal fixed a xerox copy of the alleged policy in which the policy issuing office was mentioned as 'united india insurance co. ltd., branch iv, division 16, chittaranjan avenue, calcutta' the insurance company in its written statement before the tribunal denied issuing such certificate and alleged that such xerox copy was false and ..... including our high court, after following the decisions of the supreme court, have deprecated the practice of the insurance company to prefer appeal against the award passed under section 140 of the motor vehicles act, 1988, the present appeal has been filed.5. the only contention of the appellant in the said application ..... judgment and award that such question was raised by the insurance company at the hearing of the application under section 140 of the said act. even an officer of the insurance company was examined who deposed, inter alia, that the appellant has no office at branch no. iv, division 16, chittaranjan avenue, calcutta, but during .....

Munshaw Industries, Proprietor, Texind Corporation Pvt. Ltd. Vs. Emplo ...

Court : Mumbai

Reported in : 2005(2)ALLMR39; 2005(3)BomCR376; [2005(106)FLR346]; (2005)IILLJ112Bom

..... place in mumbai.3. on 4.631981, the insurance inspector of the employees state insurance corporation inspected the records of m/s. munshaw industries and found that contribution towards the employees state insurance corporation had remained unpaid by the appellant. on 22.12.1983, the corporation called upon the appellant to pay the contributions under the employees state insurance act since they employed 21 workmen in ..... the appellant to pay rs. 303338/- as contribution towards the employees state insurance.4. being aggrieved by this order, the appellant preferred an application under section 75 of the employees state insurance corporation act (for short, hereinafter referred to as 'the act') before the employees state insurance court on 2.4.1985 claiming that the act was not applicable to it. the appellant claimed that it employed only .....

Union Co-operative Insurance Society Ltd., Bombay Vs. Commissioner of ...

Court : Supreme Court of India

Reported in : AIR1968SC78; [1967]37CompCas713(SC); [1967]66ITR360(SC); [1967]3SCR279

..... insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it any expenditure other than expenditure which may under the provisions of section 10 of this act be allowed for in computing the profits and gains of a business.........' 6. by s. 15 of the insurance act 4 of 1938 every insurer ..... . 11 of that act. by s. 11(1) of the insurance act every insurer is directed to prepare at the expiration of each calendar ..... is directed to furnish to the controller of insurance, among others, the audited accounts and statements referred to in s .....

Satya Narayan Athya Vs. High Court of M.P. and Another

Court : Supreme Court of India

Reported in : 1996IAD(SC)387; AIR1996SC750; 1996LabIC757; 1995(7)SCALE138; (1996)1SCC560; [1995]Supp5SCR679

..... the conspectus of views taken in the decisions of different high courts noted above it is clear that the liability of a common carrier under he carriers act is that of an insurer. this position is made further clear by the provision in section 9, in which it is specifically lald down that in a case of claim of ..... , or some person duly authorised in that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.10. in section 4 of the said act it is lald down that such carrier may require payment for the risk undertaken in carrying property exceeding in value one hundred rupees and of the description aforesaid ..... place for reasons and in circumstances beyond their control they were not liable to make good the loss either under the contract between the parties or under general law.4. both the parties filed affidavits and documents in support of their case. the commission on assessment of the materials on record held inter alia, that the respondent was .....

Ram Lal Vs. Sajjan Raj and ors.

Court : Rajasthan

Reported in : 2009(3)WLN374

..... it appears, that two claim petitions were filed, arising out of the same accident. other one appears to be for compensation in regard to death of kamlesh kumar.4. learned counsel for the insurer at the opening of the arguments relied upon and referred to the judgment of this court in ram lal v. hasti mal reported in 2005 r.a.r ..... by the learned tribunal, that it is a legal plea, which was not required to be pleaded. then, in para-16 of the reply the insurer has referred to section 140 of the motor vehicles act which was not in force on the date of accident. then, reliance was placed on the judgment of hon'ble madhya pradesh high court in united ..... ,000/-, and individual liability per passenger to be rs. 15,000/-, but then it is mentioned that the policy is under chapter vii-a, and 1 of the motor vehicles act, 1939, and that it is correct that claim no. 103 hasti mal v. devendra kumar, and claim no. 120; sajjan raj v. devendra kumar which relate to same jeep no .....

National Insurance Co. Ltd. Vs. Suresh Chand 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. 13. 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 Divisional Manager, National Insurance Company Ltd. Vs. Risheendra ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... proposal on the ground that the cheque issued is a third party cheque and that the same is in violation of section 64 (v)(b) of the insurance act. the complainant had not received any previous intimation although the proposal and the premium amount were entrusted with the second opposite party on 10-04-2003. the ..... cheque had not been produced. as per section 64(v)(b) clause iv of the insurance act which is provided that where any insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission within 24 ..... the first opposite party. the complainant is yet to pay the amount incurred by the second opposite party. it is also pointed out that the insurer had accepted the cheque and acted upon, as the proposal was not rejected. moreover, in several earlier occasions the agents cheques were accepted by the first opposite party in similar situations .....

National Insurance Company Ltd. and Others Vs. Dr. Manik Kar

Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati

..... of material fact came up for consideration before the apex court in air 1962 sc 814, mithoolal nayak v. life insurance corporation of india. no doubt that was with regard to the section 45 of the insurance act, 1938. the supreme court pointed out that there must be three conditions from which an inference can be drawn regarding suppression of ..... that there have been concealment of material facts in the proposal. district forum did not accept this contention and accordingly the claim was allowed as indicated above. hence, this appeal. 4. we have heard mr. s.s. sharma, advocate for the appellant and mr. p.c. borpujari, advocate for the respondent. mr. sharma relied on iii (1996) cpj ..... of pain confined to right hypochondrium with radiation to the back. (iii) detected to be a diabetic on this visit and being treated by dr. v. seshaiah. (iv) history of having suffered from left pleura effusion and was on a.t.t. for 7 months. 3. after doing this operation the complainant made a claim before the .....

National Insurance Co. Ltd Vs. sri.srinivasa

Court : Karnataka

..... is an act policy which covers the risk of 3rd party and the gratuitous passenger traveling in the car is not covered by the policy. hence the insurance company is not liable to compensate the claimant and sought for dismissal of the claim petition.4. the first respondent in the written statement had denied the occurrence ..... 4 scc404in the case of united india insurance company limited, shimla v/s thilak singh and others.9. sri.suresh m.lathur, learned counsel appearing for the first respondent argued in support of the judgment and award passed by the tribunal and contended that the person traveling in the car is also statutorily covered under section 147 of the motor vehicles act ..... . the judgments referred to above clearly disclose that in case of the inmate traveling in a private car where the vehicle is covered by the act policy, the insurance company is not liable to compensate the claimant unless additional premium is paid. in the instant case, no document has been produced to show that .....