Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Court: orissa Page 1 of about 7,478 results (0.107 seconds)

Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Labanga S ...

Court : Orissa

Reported in : 2000ACJ1259; AIR1999Ori193

..... advance.-- (1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the ..... note. accordingly, the tribunal was justified in holding that the vehicle in question was validly insured with the appellant on the date of the accident.7. as the question was raised, a reference may be made to sub-sections (1), (2) and (4) of section 64vb of the insurance act, 1938 which reads thus :'64vb. no risk to be assumed unless premium is received in .....

National Insurance Co. Ltd. Vs. Ram Krishna Mishra and ors.

Court : Orissa

Reported in : 1994ACJ776

..... interpolation and the policy in question admittedly having been issued making it effective from 2.5.1986, the insurer is liable to pay the compensation.4. mr. basu appearing for the insurer in both these appeals contends that under the provisions of the insurance act, 1938, the insurer is not liable to assume risk unless and until necessary deposit of the premium amount is made in advance ..... in the prescribed manner as contained in section 64-vb of the act and since admittedly the premium amount in .....

National Insurance Co. Ltd. Vs. Bilasini Naik and anr.

Court : Orissa

Reported in : II(1999)ACC224; 1999ACJ547

..... appropriate time.7. the main question that calls for determination is, as to whether the appeal against an order under section 140 of the act is maintainable at the instance of the insurer and as to whether the liability of the owner of a goods vehicle causing the accident and resulting in death of a person carried as ..... learned counsel for respondent no. 2, however, challenges the maintainability of the appeal against an order under section 140 of the act by the insurer. it is his contention that the order under section 140 of the act being not an award, no appeal can lie against the same. it is further submitted that an enquiry under section 140 of ..... insurance co. ltd. against the order of the motor accidents claims tribunal, phulbani, passed under section 140 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') holding the appellant liable to pay the compensation towards no fault liability.2. the brief facts of the case are that on 27.2.1993 at about 4.30 p.m., the .....

The New India Assurance Company Ltd. Vs. Smt. Sulochana Sahu and ors.

Court : Orissa

Reported in : AIR1988Ori202; [1990]67CompCas551(Orissa)

..... preferred this appeal and no appeal has been preferred by the owner.4. mr. p. roy, the learned counsel for the appellant contends that the maximum liability of the insurance company is fixed under section 95(2) of the motor vehicles act which is rs. 50,000/- and, therefore, the tribunal committed an error in directing that ..... the entire amount of rs. 70,000/- should be paid by the insurance company. he further contends that the quantum of compensation-awarded by the tribunal is excessive. mr. roy, the learned counsel appearing for the owner-respondent 4 supported ..... in this regard which is fully supported by the full bench decision of this court in the case of national insurance co. v. magikhaie das, air 1976 orissa 175. after analysing the different provisions of the motor vehicles act, it was held by this court : --'.........none of the grounds in the memorandum of appeal appertains to .....

Smt. Tulasi Sahukar. Vs. New India Assurance Company Limited and ors.

Court : Orissa

..... for the appellant that as per section 50(2)(a) of the motor vehicles act, 1988 (for short the 'm.v. act' ) the appellant got theownership of the offending vehicle transferred in her favor by the registering authority on 4.12.1997. the vehicle was insured during theperiod of accident. on the basis of such factual submissions it was contended ..... that in view of section 157 of the m.v. act, insurance policy issued in favor of appellant's husband has to be deemed to ..... property while using the vehicle in public place and, therefore, the insurance of vehicle had been made compulsory under section 94 read with section 95 of the act.4. a perusal of sections 94 and 95 would further show that the said provisions do not make compulsory insurance to the vehicle or to the owners. thus, it is manifest .....

Oriental Insurance Co. Ltd. Vs. Mailupelli Aremah and ors.

Court : Orissa

Reported in : I(1998)ACC463; 1998ACJ1249

..... in that case, though it cannot be denied that unless premium is paid in advance, and indeed it is so provided in section 64vb of insurance act, 1938, risk is not assumed by the insurance company. reverting to the case at hand, there is no pleading that the cover note was issued fraudulently by the agent without payment of premium. ..... a certificate has been issued, all those certificates or that copy, as the case may be;under clause (d) thereof 'policy of insurance' includes 'certificate of insurance'.sub-section (4) of section 147 provides:where a cover note issued by the insurer under the provisions of this chapter or the rules made thereunder is not followed, by a policy of ..... have been communicated to the owner of the vehicle. to hold otherwise would be to give the appellant insurance company a benefit for its failure to fulfil its statutory duty imposed by sub-section (4) of section 147 of the act. this cannot be permitted.18. in none of the decisions cited by the learned counsel for the .....

The Oriental Insurance Co. Ltd. Vs. Rabindra Mandal and ors.

Court : Orissa

Reported in : 2009ACJ962; 104(2007)CLT174

..... court records. although the appellant-company had moved the commissioner of workmen's compensation for adducing evidence, the same was rejected by order dated 3.4,2002 and the insurance company has not sought to challenge the said order in any form whatsoever and has instead allowed the same to become final. it is further ..... electric wire while chasing a monkey in the jute field. relying upon such a report of the so called 'independent investigating agency' the insurance company filed a petition on 3.4.2002 before the workmen's compensation commissioner seeking permission to adduce evidence to prove the falsity of the case but the said petition was ..... well settled that this court while acting as an appellate court has to base its findings only on the materials on record before the workmen's compensation commissioner and no other.8. order 6, rule-4 .....

Regional Director, Employees' State Insurance Corporation Vs. Satyabad ...

Court : Orissa

Reported in : 1993(II)OLR490

..... under section 82(2) of the employees' state insurance act (hereinafter referred to as 'the act') against the judgment of the insurance court, cuttack in insurance misc. case no. 4/78.2. the question for consideration in this appeal is whether the conclusion of the insurance court that the satyabadi press and 'the samaj' ..... are the two distinct units is at all sustainable in law. the employees working in the establishment of 'the samaj' were not covered under the definition of 'employee' under section 2(9) of the act ..... and, therefore, the employees of the samaj would come within the definition of section 2(9) of the employees' state insurance act, 1918. the conclusion of the insurance court on that score is based upon thorough misreading of the relevant materials as discussed above and thorough misconception and the same, .....

United India Insurance Co. Ltd. Vs. Abada Khatun and ors.

Court : Orissa

Reported in : 2000ACJ714; 85(1998)CLT485

..... counsel for the parties, the provisions of section 64vb of the insurance act, 1938 which are quoted below, need consideration:section 64vb. no risk to be assumed unless premium is received in advance.-(1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and ..... 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 despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of ..... abdul habib alias habibur raheman khan, who was helper in the bus bearing registration no. orf 2155, which met with the accident on 24.1.1994 at about 4 a.m., having overturned. the deceased was employed by opposite party no. 1, managing partner of kulamani travels, in the offending bus and was receiving monthly wages .....

Chitrakala Bewa Alias Samal Alias Dei Vs. Jambubati Bewa and ors.

Court : Orissa

Reported in : 51(1981)CLT513

..... that respondents nos. 1 and 2 are not entitled to succession certificate in respect of the insurance policies for rs. 4,000 in which the appellant has been described as his nominee by the deceased. reliance has been placed on section 39 of the insurance act and it is contended that she being the nominee she is the only person who is entitled ..... paid in the event of his (assured's) death to such nominee. there is no non obstante clause or the term 'exclusion of others ' in section 39 of the insurance act. therefore, the case relied on is not applicable to the facts and circumstances of the present case.7. the appellant also relies on the decision of kesari devi v. dharma ..... express any view on kesari devi's case.9. this court had an occasion to consider the position of a nominee under sub-section (6) of section 39 of the insurance act. following the aforesaid full bench decision of the allahabad high court, it was held in malli dei v. kanchan prava dei, air 1973 orissa 83, that under a .....