Court : Delhi
..... approved one, in its letter ex. p-3. relying on ex. dw-1/3 and dw-1/4, i.e. the two rfa (os)39/2012 page 8 contract notes and the correspondence between the parties, counsel argued that the insurer acted in breach of good faith in repudiating its obligation to pay.10. it was submitted that the fact ..... and inaccessible or untraceable. these clearly ought to have led the court to draw an adverse presumption under section 114 of the evidence act, which it erroneously did not.9. it was argued that the insurer admitted having been informed about the sailing of the vessel on 3rd september 1979, in view of the proof of the cable, produced ..... vessel "oh dai" by its act of accepting additional premium from the other parties whose goods were also shipped in the vessel "oh dai". no additional premium was demanded from the plaintiff; however, it would have willingly paid it. interest @ 18% p.a. on the insured amount was claimed by the plaintiff.4. the insurer disputed the plaintiffs claim, by asserting .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... 8. the counsel for the appellant has filed his written arguments 9. the points for consideration i) whether the appellants husband paid the premium as per section 64vb of the insurance act? ii) whether the respondents had committed deficiency in service in repudiating the claim of the appellant? iii) to what relief? 10. appericiation of the facts points no.1 ..... payable up to 28-04-2021 which is the last due date. the appellants husband died on 30-09-2007 at community health centre, satyavedu. the insured did not pay the premium for 4/07 and 7/07. at this juncture, the appellants husband issued cheque for rs. `2,288/- on 29-09-2007 and he died the next ..... acting upon the advice of the respondents the deceased insured sending cheque in discharge of the premiums due together with interest thereon would manifest the status of the policy to be in force. 14. first premium was paid in cash on 28-07-2005 for which the first respondent had issued the receipt. thereafter, three premiums for 1/06, 4/ .....
Tag this Judgment!Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
..... the appellant/original opponent pleaded that the respondent/original complainant did not satisfy the provisions of section-66 of the motor vehicles act, 1988 as on the date of accident of ill-fated insured truck did not possess valid permit to ply the same on the road and to support this contention, he relied upon ..... 7417 owned by the respondent/original complainant for the period commencing from 22/4/2006 to 21/4/2007. during the validity period of insurance policy, the insured truck met with an accident on 28/5/2006. surveyor appointed by the appellant/original opponent insurance company assessed the damage caused to the truck to the extent of an ..... permit was not produced by the respondent/ original complainant inspite of reminders. truck was plying for carrying goods from 22/4/2006 in breach and violations of terms and conditions of the insurance policy. mere payment of necessary charges for obtaining carriage permit does not allow the respondent/original complainant to ply the vehicle .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
..... covered, as per the outstanding in the loan account in the event of death of the borrower.4. mr.sampathkumar/borrower was paying the loan outstanding to the second opposite party and he was covered under the group life insurance scheme. though he was hale and healthy, in the month of april 2003, he developed uneasiness ..... was offered, the complainants have rightly rejected. 5. the second opposite party had initiated proceedings under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002, for non-payment of the loan amount against the property and under the compulsion, the complainants have paid a sum of rs.2 lakhs, which is ..... they have not committed any deficiency, which is opposed. admittedly, the second opposite party, for the non-payment of emi, preceded against the secured property, under sarfaesi act and at that time, admittedly by the complainants, not disputed, they have paid a sum of rs.2 lakhs, that is, ordered to be returned by the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... the cheque is posted, as the case may be. thus, in terms of the provisions contained in explanation to sub-section (2) of section 64-vb of the insurance act, 1938, the risk can be assumed not from the date of realization of the cheque amount but even from the date when the cheque is posted. in the present case the ..... such refund shall in no case be credited to the account of the agent. (4) where an 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 twenty-four hours of the collection excluding bank ..... the date of theft i.e. 15th july, 1997 till payment, besides a sum of rs. 2,000/- as cost of litigation. 4. feeling aggrieved, the appellants have preferred the present appeal under section 15 of the act. 5. a notice of the appeal was issued to the respondent, who has entered appearance through his advocate and has also filed a .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... of the appellant. thereafter the respondent received a letter dated 30.4.1998 from the surveyor of the appellant insurance company, shri ashok dua, stating therein that the market value of the stolen car had been assessed at rs. 1,70,000/-. the appellant insurance company acting on the report/recommendations of the surveyor offered the said amount to ..... 4 year and 5 years35%between 5 year and 10 years40%over 10 years50%relate only to parts replaced and as such would not be applicable to case of total loss of vehicle on account of theft. the learned district forum had, therefore, wrongly relied on the said clause to hold that no depreciation was deductible from the insured ..... survey report was arbitrary and after allowing 10% depreciation, had allowed the amount of rs. 3,13,500/- together with 12% interest in favour of the complainant/insured. in the instant case also the theft of the vehicle had taken place within 6 months of the purchase of the vehicle. furthermore, as observed above the .....
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
..... on five decisions, to be shortly noted, mr. wadhwa contended that in the absence of payment of premium the insurance company could not assume risk under the policy in view of the provisions of the section 64-vb of the insurance act, 1938. the decisions relied on by mr. wadhwa are as under : (1) chandan and another v. kanwarlal and ..... 14.1.1993. the city bank was unformed on 15.1.1993 and so was insurance company informed. on 20th april, 1993, the insurance company asked the complainant to transfer ownership of the stolen vehicle in favour of the insurance company. on 27.4.1993, the complainant was asked to submit un traced report of the police regarding the ..... when the cheque was presented for payment entirely on account of deficiency on the part of the insurance company. the bank returned the cheque unencashed on 20.4.1992 and the insurance company failed to inform either the city bank or the insured so that they could arrange payment. it must be emphasised at the cost of repetition that .....
Tag this Judgment!Court : Punjab and Haryana
..... be liable where such death or injury arises out of and in the course of the employment of such person by the insured ..4. the insurance company admits that there was package policy and in terms of the circular the liability for ..... therefore be merely taken on the basis of 'no fault liability' under section 140 of the motor vehicles act but the compensation would require to be assessed on just basis under section 166 of the motor vehicles act. fao no.1829 of 1994 4 5. the deceased was said to be a hardware agent and the contention was that he was earning ..... all sums which the insured shall become legally liable to pay in respect of :- (i) death of or bodily injury to any person including occupants carried in the vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of motor vehicles act, the company shall not .....
Tag this Judgment!Court : Karnataka
..... arise if the motor vehicle is not registered and further, the liability is always co-extensive with section 146 of the motor vehicles act and that the policy of insurance would lapse automatically if provisions of the act are not complied with, more particularly, with regard to the registration of motor vehicle. therefore, he submitted that, the direction issued ..... clause (b) of sub-section (1) of section 147(being a liability covered by the terms of the policy) (2) xx (3) xx (4) xx (5) xx (6) xx (7) no insurer to whom the notice referred to in sub-section (2) or sub section (3) has been given shall be entitled to avoid his liability to any ..... and has lost her' sensation below trunk and also the movement of hands. immediately she was shifted to bgs global hospital and district hospital, tumkur and other hospitals. 4. it is the case of the injured claimant that, on account of the road traffic accident, she has sustained severe injuries as stated above including permanent disability and for .....
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