Court : Guwahati
..... 65 (sc); new india assurance co. ltd. v. sheela rani 1999 acj 213 (sc); new asiatic insurance co. ltd. v. pessumal dhanamal aswani 1958-65 acj 559 (sc), relied on.in both, under the old act and under the new act, the legislature was anxious to protect the third party (victim) interest, what was implicit in the provisions of ..... and that photocopy was filed on 20.8.1993 by the claimant. that application reads as follows:before the member, motoraccidents claims tribunalsonitpur at tezpurm.a.c. no. 4 of 1992claimant: ibrahim aliopp. party: md. ali hazarika & ors.it is respectfully submitted by the claimant:(1) that the above claim case was settled at rs. 30 ..... accepted by the tribunal and subsequently an additional issue was framed which reads as follows:whether the driver of the alleged offending vehicle had licence to drive the vehicle? 4. in support of the case, the claimant-petitioner examined four witnesses including himself, the o.p. examined no witness. in deciding issue no. 3 the learned .....
Tag this Judgment!Court : Guwahati
..... and award and, therefore, our considerations in this appeal shall remain confined to the questions raised by the insurer after examining them on the touchstone of the provisions of section 149(2) of the motor vehicles act, 1988 (for short 'the act').4. we have heard mr. a.l. saha, learned counsel for the appellant and mr. s.m, ali ..... , learned counsel for the respondents.5. a plain reading of the memorandum of appeal will go to show that the appellant-insurer has sought to challenge the impugned judgment ..... determination of the amount of compensation by the learned tribunal as such question cannot be raised by an insurer in view of the provisions of section 149(2) of the act. the limited grounds which are available to an insurer for assailing a judgment or award as provided in that subsection do not permit the question like correctness .....
Tag this Judgment!Court : Guwahati
..... mounting or alighting from the vehicle at the time of the occurrence out of which a claim arises'. 4. from a plain reading of the aforesaid provisions, it is clear that under 'act only' policy, the insurer is liable to indemnify the insured against the death or bodily injury to any passenger of a public service vehicle caused by or arising ..... 1977 sc 1735. before we note the ratio of this decision on the question under examina-,tion, it would be useful to reiterate that under the act an insurer is to indemnify the insured in those cases where he is made liable to pay compensation. now the circumstances under which the owner of the vehicle is vicariously liable for the ..... by limiting the compensation to rs. 15,000/-. 10. after the decision in pushpabai there is no scope to argue that under an 'act only' policy the insurer is liable to indemnify the insured for the compensation payable by the latter in case of death or bodily injury to the passenger who is not carried for hire or reward. .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]38CompCas475(Bom); [1968]69ITR174a(Bom)
..... ), (11), (13a) and (13b). the categories are 'fire insurance business', ' general insurance business', 'marine insurance business' and 'miscellaneous insurance business' and in section 2, sub-section ..... these accounts came to be prepared and submitted. obviously these were accounts of an insurance company which that company was statutorily obliged to maintain and submit to the controller of insurance under the insurance act read with the provisions of the schedule to the act. the insurance act 4 of 1938 deals with different categories of insurance business and these are found defined in section 2, sub-section (6a), (6b .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom111; (1964)66BOMLR780; ILR1965Bom8; 1965MhLJ157
..... other hand, contended that they employed less than 20 persons and that, therefore, the act was not applicable to them. they, therefore, filed the application in the employees' insurance court for a decision of the disputed question.(3) section 1 clause (4) of the employees' state insurance act provides that the act shall apply in the first instance to all factories including factories belonging to the ..... government, other than seasonal factories. section 2 clause (12) of the act defines a 'factory' in so far as is material, to mean any premises including the precincts thereof .....
Tag this Judgment!Court : Mumbai
Reported in : 1993ACJ437; (1992)94BOMLR357; [1995]82CompCas798(Bom); 1992(2)MhLj1193
..... it, is entitled to be reimbursed by the other. under section 135 of the transfer of property act, every assignee by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him all ..... any action or suit in relation to matters assigned and transferred. 8. in our view, having regard to section 69 of the indian contract act and section 135 of the transfer of property act, the insurance company had clearly acquired a right to sue the railway administration for the damage caused to the said goods ..... executed a document dated september 4, 1979, styled as a letter of subrogation in favour of the insurance company, which thereafter gave a notice under section 80 of the civil procedure code, to both the railways, reiterating the claim made by the mills earlier in the notice under section 78b of the railways act and narrating in detail the .....
Tag this Judgment!Court : Mumbai
Reported in : I(2005)ACC799; AIR2004Bom334; 2004(4)ALLMR349; 2004(6)BomCR422
..... april, 1990 in collision with a truck whose driver expired. the motor accident claims tribunal rejected the contention of the insurer that it was not liable in view of the provisions of section 64vb of the insurance act, 1938. the supreme court while upholding the judgment of the tribunal held that despite the bar that was created by section ..... of injuries including a head injury, injuries in the chest and a bronchial tear. he expired on 16th december 1981 at 4.50 pm. the motor vehicle in question bore registration no. mtt 3227.2. the defence of the insurance company which is the appellant before the court is that there was no valid contract of ..... such cancellation or suspension to the registering authority in whose records the registration of the vehicle covered by the policy of insurance is recorded or to such other authority as state government may prescribe.'4. these provisions have been construed in several judgments of the supreme court and it would be instructive for the purpose of .....
Tag this Judgment!Court : Mumbai
Reported in : II(1990)ACC270
..... company is not an 'employee' within the meaning of the definition of the said expression given in section 2(9) of the employees 'state insurance act 1943 (for short the esi act).briefly the facts are that by orders dated 23-5-1974 and 1-7-1974, the appellant corporation made the provisions of the ..... question which necessitated consideration was whether its managing director was an 'employee' within the meaning of section 2(9) of the esi act. as regards the said question, the learned judge of the employee's insurance court held that looking to the nature of the powers and duties conferred upon the managing director of the respondent company, he ..... in its company and, as such, by virtue of sub-section (4) of section 1 of the esi act, the provisions of the said act were applicable to the said company. the respondent company made an application under sections 75 and 76 of the esi act before the employee's insurance court, nagpur, for decision on the dispute whether the respondent company .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1981KAR1153; 1981(2)KarLJ83; (1982)ILLJ48Kant
..... a to the company directing it to show cause as to why assessment should not be made by order as provided under s. 45a of the employees state insurance act, and has further determined by its order under s. 45a .......... the amount the company was liable to contribute for the period in question .......' after observing ..... (1) of s. 45a of the employees' state insurance act, i hereby determine on the basis of the information available the amount of contributions payable in respect of the employees of the above factory as follows : period amount of basis contributionbasisfrom to1, 2, 3, ...... ......4 contribution in respectof apprentice trainees as perpara 14 of this office ..... be referred to as the employer. 4. the material facts for the purpose of this appeal, are briefly these : the employer is engaged in the manufacture of watches. it is liable to pay contribution under s. 39 of the employees' state insurance act, 1948 (hereinafter referred to as the act) in respect of its employees. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP67
..... : nothing in this section applies to the transfer of a marine or fire policy of insurance (or affects the provisions of section 38 of the insurance act, 1938, iv of 1938).' 11. prima facie, section 130 of the transfer of property act would apply to a life insurance policy for the reason that such a policy is also a chose-in-action. this is ..... may be briefly set out. one lakshminarasimha sarma, an employee in the subordinate judge's court, amalapuram, east goda-vari district, effected postal life insurance policy for rs. 4000/- on 3-4-1939 and assigned the same on an endorsement in favour of two of his sons and the said assignment was registered in the office of the ..... department replied that the sons of the assured could only claim the surrender value and not the whole amount due under the insurance policy on the plea that their father had already surrendered the policy.4. it is this attitude of the postal department that obliged the plaintiffs to raise an action for recovery of the amount due .....
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