Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Court: orissa Page 10 of about 7,478 results (0.272 seconds)

New India Insurance Co. Ltd. Vs. Bidya Devi Agrawala

Court : Orissa

Reported in : 94(2002)CLT104

..... to recover the said amount from the owner of the vehicle if any material condition of the policy has been infringed by the owner of the vehicle.4. in the present case the insurance company has categorically raised the question that the vehicle was being used for commercial purpose in breach of the condition of the policy. the tribunal has ..... company, shimla v. kamla and ors. (air 2001 sc 1419) has interpreted the sectio'n 149 of the motor vehicles act and summed up the effect of the said provision.'22. to repeat, the effect of the above provisions is this; when a valid insurance policy has been issued in respect of a vehicle as evidenced by a certificate of ..... taken the view that the third party claimant should not suffer for an act of the owner in violation of the condition of the policy and the dispute regarding the violation of material condition of the policy is a dispute between the insurer and the insured, but unfortunately the tribunal has not kept the said dispute open and it may .....

Divisional Manager, United India Insurance Co. Ltd. Vs. Mala Kar and o ...

Court : Orissa

Reported in : I(2000)ACC585; 2001ACJ15; 89(2000)CLT322

..... the next question is as to whether in view of the dispute regarding the validity of the driving licence, the insurance company should be exempted from the liability for the time being. in this connection, section 149(4) of the act is also relevant. it has been now held that even where there is no valid driving licence and consequently, ..... since the validity of the driving licence is in dispute, the insurance company should not have been called upon to pay the amount under section 140 of the act.4. section 140 occurs in chapter x of the act. though in chapter x, it is nowhere indicated that the insurance company is to make the payment under no fault liability and ..... the insurance company is not liable to pay, direction can be issued to the insurance company to pay the amount as per provision contained in section .....

National Insurance Co. Ltd. Vs. Punyaprava Acharya and ors.

Court : Orissa

Reported in : I(2005)ACC320

..... offending vehicle as ext. k. the tribunal on the basis of the evidence adduced once again confirmed the award of rs. 4,00,000.00 as compensation and directed the insurance company.3. the insurance company has challenged the said order mainly on two grounds.the first ground being that the conclusion of the tribunal with regard ..... the same was not issued by the licensing authority of azamgarh. it was forcefully contended by mr. narasingh, learned counsel for the insurance company, that in view of the verification report (exts. f and e), the tribunal acted illegally and with material irregularity in accepting the driving licence, ext. d, and saddling the compensation on the ..... insurance company.the second ground raised is that the award of rs. 4,00,000.00 (four lakhs) was not just and proper. it was also .....

Oriental Fire and Genl. Ins. Co. Ltd. Vs. Duryodhan SwaIn and ors.

Court : Orissa

Reported in : I(1999)ACC222; 2000ACJ160; 86(1998)CLT824

..... such undisputed principle, the contention of the appellant that the claim application is not maintainable in view of the provisions contained in the employees' state insurance act and the rules framed thereunder cannot be sustained.7. the counsel for the appellant has also faintly challenged the assessment of compensation saying that the assessment ..... before the claims tribunal is in addition to the benefits available to an injured employee who can avail of the benefits under the employees' state insurance act. in the present case, the injury sustained by the claimant-respondent no. 1 has been found to be on account of negligence of the ..... insurance company challenging the award of the claims tribunal.2. the claimant-respondent no. 1 filed an application under section 110-a of the motor vehicles act, 1939, claiming compensation. according to his case, while he was proceeding with his goods in truck bearing the registration no. orx 7806 belonging to the present respondent no. 2 on 13.4 .....

Branch Manager, United India Insurance Co. Ltd. Vs. Mohan Chandra Patn ...

Court : Orissa

Reported in : I(2003)ACC12; 2004ACJ382; 2003(I)OLR86

..... should be directed to pay the amount awarded as the insurer is statutorily liable to satisfy the judgment and the award in consonance with section 149 of the motor vehicles act.7. keeping in view the principle laid down in section 149(4) of the motor vehicles act, 1988 interpreted by this court in the case of powmex steel ltd. v. gopal ..... krishna chand, 2001 acj 1942 (orissa), as the plea taken by the insurer relates to the question of breach of a ..... term of the policy, i feel that the insurance company should be directed to pay .....

S.D. Sharma Vs. Ramesh Mahakud and anr.

Court : Orissa

Reported in : II(1994)ACC139

..... interpretation given by this court in oriental fire & general ins. co. ltd. v. matias burla 1986 acj 732 (orissa), that under section 4-a of die act, commissioner is not justified to direct the insurer to pay interest and penalty is more reasonable besides being binding on me and required no reconsideration by a larger bench.14. next question raised ..... in respect of compensation was distinct from that of interest and penalty.12. since decision of this court in respect of liability of insurer for penalty and interest under section 4-a of the of the act was the first of its nature in this court which was directly dissented from the madhya pradesh high court, i requested mr. surath ..... by mr. b.p. ray is that in die same order interest and penalty under section 4-a(3) of the act ought not to have been levied. .....

Orissa Olympic Association Vs. State of Orissa and ors.

Court : Orissa

Reported in : [2008(116)FLR584]; (2008)IILLJ279Ori

..... the said purpose has been submitted by the petitioner since february, 2005.3. learned counsel for the petitioner further submits that the impugned certificate proceeding under annexure-4 is without jurisdiction, inasmuch as, ..... challenging annexure-4, which is an intimation initiating a certificate proceeding. further prayer of the petitioner is for a direction to the state to consider its application for granting exemption from the purview of the coverage of the employees' state insurance act, 1948 (hereinafter referred to as the 'act'). application for ..... first determining the contribution required to be deposited as required under section 45a of the act, no certificate proceeding to enforce any demand could have been initiated.4. ray, learned counsel for the employees state insurance corporation (in short 'corporation') fairly admits that the final orders in the proceeding .....

Tanulata Pradhan and Another Vs. Mahendra Prasad and Another

Court : Orissa

..... certain cases . it is submitted that in view of this section, the workman was given option to proceed against his employer and insurer, under either of the two acts, i.e., m.v. act or w.c. act and no.both. in the present case, the legal heirs of the deceased filed separate claim case against separate trot-feasor where the ..... .v. act. therefore, case against the employer under the w ..... m.v. act from the tort-feasor will no.be a bar for the applicants to proceed against the 4 employer under the w.c. act where specific premium and the policy was taken by the employer to cover the risk of the employee/workman. the appellants simultaneously have no.chosen to proceed against the employer and his insurer under the m .....

National Insurance Co. Ltd. Vs. Raisa Bibi and ors.

Court : Orissa

Reported in : 2000ACJ600; AIR1999Ori78

..... lok adalat and the amount of compensation payable to the claimants was amicably settled subject to verification of the driving licence of the driver of the trekker. thereafter, the insurance company filed an application stating that though the driver of the vehicle had the driving licence bearing number 803/88-89, he did not have p.s. v. ..... also be taken to be in award within the meaning of section 173 of the motor vehicles act, as it adjudicated the liability of the insurance company to pay the compensation in accordance with the compromise effected between the claimants and the insurance company in lok adalat and as such in ordinary course, could have been challenged by filing an ..... not to give effect to the compromise effected before lok adalat. the said order, annexure 3, is being impugned in the present writ application.4. the claimants (opposite parties 1 to 8) have filed a counter. the owner-opposite party no. 9 has entered appearance through counsel, but no counter has been filed .....

The United Insurance Co. Ltd. Vs. Krutibas Lenka and ors.

Court : Orissa

Reported in : 1997ACJ611; AIR1996Ori81

..... much substance in the submission and the appeal has to be allowed.9. section 96 of the motor vehicles act, 1939 (which was applicable on the date of the accident) relates to the duty of insurer to satisfy judgments against persons insured in respect of third party risks. sub-section (1) of section 96 provides that, 'if, after a ..... certificate of insurance has been issued under subsection (4) of section 95 in favour of the person by whom a policy has ..... two offending vehicles, that is the van and car, remained absent they were proceeded ex parte. the insurer of the vehicle orc 5328 (van), opp. party no. 3/ appellant entered appearance and filed its written statement denying its liability.4. in support of his case, the claimant examined himself as p.w. 1 and one gajendra kumar .....