Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Court: orissa Page 13 of about 7,478 results (0.083 seconds)

National Insurance Company Ltd. Vs. Narendra Samal and anr.

Court : Orissa

Reported in : 1(1994)ACC703

..... india assurance co. ltd. v. m. jayarama naik 1982 acj 3 (kerala) considering the provisions of section 30 of the act and section 96 of the motor vehicles act, 1939, held that what the insured cannot do by himself, viz., filing of an appeal without complying with the requirements of the third proviso to section 30 ..... iv of the act he determined the amount at rs. 96,211.50. considering the plea of the owner of the vehicle who is primarily liable to pay the compensation for indemnification by the insurance company, the commissioner held that the vehicle in question had valid insurance coverage with the appellant company covering the risk of the insured workman ..... 4. two witnesses including the applicant himself were examined in support of his case. the owner examined himself as a witness. no evidence was produced by the insurance company.5. the commissioner on assessing the evidence on record under different issues framed by him held that the applicant is a workman within the meaning of the act .....

National Insurance Co.Ltd. Cantonment Road, Cuttac Vs. Krushna Chandra ...

Court : Orissa

..... heard and disposed of on 20.12.2012 b.n.mahapatra, j.this is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act ) filed by the insurance company against the award dated 28.11.2011 passed by the additional district judge, cuttack-cum-1stmotor accident claims tribunal (hereinafter referred ..... accident, two deceased persons, namely, biswajit sahoo and hemanta sahoo succumbed to the injuries. subsequently, applications were filed under section 166 of the act claiming compensation to the tune of rs.4,00,000/- and the present appeal arises out of the application filed by the legal heirs of deceased biswajeet sahoo.3. further, the case ..... to as the tribunal .) in m.a.c. no.656 of 2006 awarding rs.4,12,500/- with 7.5% interest per annum from the .....

Divisional Manager, New India Assurance Co. Ltd., Cuttack Vs. Pranab S ...

Court : Orissa

Reported in : 2001ACJ2014; AIR2000Ori146

..... of sub-section (2) of section 149 of the m.v. act, 1988 which lays down the statutory defence that are available to an insurer. this is not a case where the insurer had obtained permission of the tribunal in writing under section 170 of the m.v. act, 1988 to contest the claim on merits. accordingly, the findings regarding ..... insurer and letter no. 'nil' dated 'nil' of inspecting authority o.m.v.d., cuttack was produced and marked ext. 'a' with objection. ..... be presumed that the driver of the alleged vehicle had no valid licence at the time of the accident. the fact of insurance was admitted. the other averments made in the claim petition were denied for want of knowledge. 4. oral and documentary evidence were adduced on behalf of the claimant. one witness was examined on behalf of the .....

Akshya Narayan Praharaj Vs. Maheswar Bag

Court : Orissa

Reported in : AIR1958Ori207

..... section (6) of section 123 of the act. 3. the learned election tribunal upheld the first contention, but rejected the other two. the respondent has also filed a cross-objection against the findings of the tribunal which were against him.4. the appellant is a prominent non-official gentleman of village irda, p. s. singla, in the ..... shri prankrushna das, objected to the candidature of the appellant saying that he was disqualified under section 7(d) of the act as the contract between the appellant and the government regarding the construction of irda dispensary was still subsisting. the learned advocate for the appellant there-upon asked the sub-divisional officer for time till the ..... an interest, that interest ceased long before the date of his nomination, and consequently there was no subsisting interest on that date; and (4) in any view of the case, the construction of irda dispensary was not a 'work undertaken by the government' so as to be within the scope of that clause.25. though mr, .....

Kirtan Behari Mohanty Vs. Collector, Balasore and ors.

Court : Orissa

Reported in : I(1988)ACC422; AIR1987Ori277; 64(1987)CLT220

..... the motor vehicles act. section 96(1) of the motor vehicle act indicates the liability of the insurer. the obligation of an insurer to pay the amount for which the judgment has been passed is subject to three qualifications, namely, (a) there must ..... as per annexure-3 as well as the order of the revenue divisional commissioner dt. 17-2-79 in certificate revision nos. 24 and 25 of 1978 as per annexure-4 are hereby quashed and the two certificate proceedings, namely, certificate cases nos. 10 and 11 of 1975 are quashed and these writ applications allowed, but there would be ..... contentions with regard to the legality of the revisional order of the revenue : divisional commissioner as well as the power of the tribunal to award interest in the case.4. it is not necessary for us to go into all these contentions since in our view, this can be disposed of only on an interpretation of section 96 of .....

Oriental Insurance Co. Ltd. Vs. Chandra Panigrahi (Smt.) and ors.

Court : Orissa

Reported in : II(1994)ACC698; 1995ACJ733; 78(1994)CLT595; (1999)IIILLJ426Ori

..... the claimants is assessed to be rs. 30,000/-.7. the further question is what would be the extent of liability of the insurer. it is clear from the tribunal's order that schedule iv to workmen's act has formed the basis of quantification made by it. the said schedule has undergone changes from time to time. by workmen's compensation ..... is irrational. in any event, whatever be the amount of award, the liability of the insurer cannot exceed the amount payable under the workmen's act.(ii) the tribunal committed a faux pas by working out compensation on the basis of schedule iv of workmen's act, which came into force with effect from july 1, 1984. the said schedule has no ..... the claimants. therefore, denial of interest from the date of claim is improper.4. section 95 of the act so far as it is relevant reads as follows :--'95. requirements of policies and limits of liability. (1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which:--(a) x x x (b .....

Debaraj Panda Vs. New India Assurance Co. Ltd. and ors.

Court : Orissa

Reported in : 2000(I)OLR621

..... there cannot be any dispute that the liability has to be borne by the insurance company.4. the learned counsel appearing for the insurance company submitted that the insurance companies had been acting on the basis of decisions earlier reported under the old act and as such even though the liability is now to be fixed in accordance ..... and ors.). in the aforesaid decision while interpreting the provisions contained in section 95(1 )(b) of the motor vehicles act, 1939, it had been opined that the insurance company is not required under the act to cover the liability in respect of owner of goods accompanying his goods in a goods vehicle. in fact, while ..... with the subsequent decision of the supreme court, the insurance company should not be asked to .....

Divisional Manager, Oriental Insurance Co. Ltd. Vs. Subas Chandra SwaI ...

Court : Orissa

Reported in : 2008ACJ2210; 104(2007)CLT343; [2007(115)FLR266]; 2007(II)OLR305

..... injury was caused or had its origin in the employment, he cannot succeed in a claim based on section 2(8) of the employees' state insurance act, 1948. in that case what happened was that the injuries were sustained by the employee while he was on his way to the factory and the accident took place one ..... qualified.6. however, the other judgment which was cited by the learned counsel for the appellant was rendered by the hon'ble suprerme court in the case of employees' state insurance corporation v. francis de costa reported in : (1997)illj34sc . in that case, the learned judges of the supreme court held that unless an employee can establish that the ..... for the insurance company in this letters patent appeal. it is well settled that normally new ground cannot be taken for the first time in appeal. this has been decided by this court in the case of new india assurance co. ltd. v. raj kishore nayak and ors. reported in 1995 lab. i.c. 2750 (see paragraph 4 ).4. despite the .....

New India Assurance Co. Ltd. Vs. Kartika Jena and ors.

Court : Orissa

Reported in : II(2000)ACC487; 2000ACJ1421; 89(2000)CLT608

..... 226.38 directed that a sum of rs. 1,13,190 should be paid by the insurance company to claimant-respondent no. 1. he also directed for the payment of rs. 1,000 as funeral expenses, as envisaged in subsection (4) of section 4 of the act, as amended in the year 1995. in addition to the aforesaid amount, the commissioner ..... 1992 acj 511 (orissa). it has been observed that there being no provision under the workmen's compensation act like section 110-c (2-a) of the motor vehicles act (which corresponds to section 170 of the motor vehicles act, 1988), the insurer when noticed by the commissioner can contest the claim on all available grounds. in the absence of any ..... far as funeral expenses was concerned, there was no such provision before the amendment and for the first, time it was contemplated by the introduction of subsection (4) to section 4 by act 30 of 1995. as such the sum of rupees one thousand directed to be paid towards funeral expense is also to be deducted.10. for the aforesaid reasons .....

National Insurance Company Vs. Sudarsan Bhuyan and anr.

Court : Orissa

Reported in : II(1991)ACC687

..... the accident. determining monthly wages of the deceased at rs. 800/-. commissioner directed insurer to pay the compensation which is grievance of the appellant.5. under the act, employer is liable to pay the compensation. there is no provision under the act to direct the insurer to pay the compensation. however, by judicial decision, it has been held ..... of claimant. on its prayer p.ws. 1 and 2 were recalled for further evidence. in cross-examination insurer challenged age of the claimant and the wages paid to deceased at the time of his death.4. commissioner on appreciation of evidence accepted fatal injury of deceased on account of accident and found that in course ..... (iv) person claiming is a dependent as defined under the act. employer is to be directed to pay. in some cases, principal employer is also directed to pay the compensation award. as has been earlier stated, other persons covering the risk or liable under other laws are normally not to be given a direction. however, insurers of .....