Court : Orissa
Reported in : 2007ACJ2236; AIR2006Ori167
..... of india and others referred to supra, the apex court extensively considered the scope of section 45 of the insurance act in the light of decision in : air1962sc814 mithoolal nayak v. life insurance corporation of india. it has been held that three conditions for application of the second part of section 45 are : ..... the learned counsel for the petitioner, referring to section 45 of the insurance act submits that repudiation of a claim by insurer merely on the ground that the deceased has withheld correct information regarding his health at the time of effecting insurance with the corporation is not proper and the matter of repudiation of ..... acted in good faith and revived the lapsed policy. but subsequently, after expiry of nine days from the date of revival, the policy holder died on 12-4-1996. the petitioner, as nominee, laid his claim and on receipt of claim form and on consideration of the statements made in claim form-b as well as medical attendance certificate, the life insurance .....
Tag this Judgment!Court : Orissa
Reported in : 1991ACJ1046; AIR1991Ori312
..... day, the age of the deceased as well as all other relevant factors, the tribunal assessed the amount at rs. 1,00,000/-. but as the liability of the insurer under section 95 of the act was to the extent of rs. 50,000/-, the tribunal directed that out of rs. 1,00,000/-rs. 50,000/- would be paid by the ..... the accident took place was not entitled to claim any compensation under the provisions of the motor vehicles act.3. the tribunal framed 4 issues and on consideration of the materials before it discarded the plea of the owner as well as of the insurer and held that the accident took place while the deceased was walking on the road on account of ..... insurer and balance sum of rs. 50,000 / - would be paid by the owner. it is this award which is being challenged in this appeal.4. at the outset mr. basu appearing .....
Tag this Judgment!Court : Orissa
Reported in : II(1991)ACC441; 1991(I)OLR559
..... needs' determination in this application under arts. 226 and 227 of the constitution the same relates to the liability of the insurer to pay penalty'- visualised by section 4-a(3) of the workmen's compensation act, 1923 (for short the act').2. the question arises on these facts.. the petitioner was an employee of opp, party no, 2. he was ..... matias burla, 1986 ac] 732 in which a learned singl judge of this court took the view that the amount awarded as penalty under section 4-a(3) of the act being payable by the employer, the insurance company is under no liability to indemnify the employer in this regard. this view was taken by inferring to the language of section ..... principal amount and the same is not deposited or paid well in time within the meaning of the provisions of section 4-a(3) of the act of 1923, i.e., within a month from the date of intimation, the insurer incurs liability to pay penalty.'7. the question for our consideration is, which of the two views merits our acceptance .....
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445
..... in favour of the claimant/respondent no. 1 and against the appellant-insurer. the facts giving rise to this petition are hereinafter stated.2. on 3-4-1987 claimant kamalalochan presented a petitioner under section 92a of the motor vehicles act, 1939 (hereinafter referred to as 'the act') before the motor accident claims tribunal (s.d), berhampur, camp ..... -- jay-pore claiming compensation amounting to rs. 15,000/- from the owner, driver and insurer of the truck bearing regd. ..... a liability is not required to be covered by section 95(1) nor is so covered, yet as the proceeding is one undersection 92a of the act, the insurer will be made liable and will not be permitted to plead and establish, though in a summary manner, that the risk in question was neither covered .....
Tag this Judgment!Court : Orissa
Reported in : (1999)ILLJ464Ori
..... 'charge-sheet-cum-show cause notice' dated march 26, 1997 (annexure-1) stating therein that his conviction under section 471 ipc attracts regulation 39 (4) (i) of the life insurance corporation of india (staff) regulations, 1960 for which it (disciplinary authority) proposes to impose the penalty of removal from service on him in terms of ..... in view of his conviction and sentence recorded by the trial judge. the sessions judge, in appeal, upheld the conviction but released him under section 4 of the act on probation. after the expiry of the period of good conduct, he filed a writ application in the rajasthan high court challenging his dismissal from service ..... the trial magistrate who recorded the order of conviction, the disciplinary authority should not have dismissed him from service having regard to section 12 of the act. the court considered the aforesaid submission and held that the offender who had been released on probation shall not suffer disqualification attaching to a conviction of .....
Tag this Judgment!Court : Orissa
Reported in : IV(2006)ACC743; 2007ACJ164; [2006(110)FLR119]; [2006(4)JCR491]; 2006(I)OLR715
..... ors. (supra) is based upon section 149 of the m.v. act, 1988, whereas there is no such similar provision available in the workmen's compensation act.for convenience the relevant portion of section 149 of the m.v. act, 1988 is quoted below :(4) where a certificate of insurance has been issued under sub-section (3) of section 147 to the ..... person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby reference to any conditions other than those ..... accident claims tribunal having regard to its rights and liabilities vis-a-vis the third person may direct the insurance company to meet the liabilities of the insurer permitting it to recover the same from the insured and that the 1923 act does not envisage such a situation, we are of the view that the decision rendered in the case .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT71
..... offending vehicle can defend its case before the tribunal on the grounds enumerated in the said section. if for the reasons stated in section 170 of the m.v. act the insurance company is permitted by the tribunal, it can contest the claim on all or any of the grounds that are available to a person against whom the claim has been ..... (3) t.a.c. 61 (cal.), the calcutta high court relying on the decision of the apex court in shankarayya and anr. v. united india insurance co. ltd. and anr. 1993 (2) t.a.c. 379, held as follows:4. we are of the view that aforesaid decision of the supreme court clearly applies to the fact of the instant case & the ..... spot, he was taken to s.c.b. medical college & hospital, cuttack for treatment, where he was admitted as an indoor patient. he remained there as an indoor patient till 4.9.1990. after being discharged from s.c.b. medical college hospital, cuttack, he was further treated as an indoor patient in paradeep port hospital up to 11.12.1990 .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT692
..... the effect that the offending bus was covered under the category mentioned in section 95(1), and not under section 95(2)(c) of the 1939 act. thus the liability of the insurance company in the present case, is limited to rs. 50,000.00 only. the view taken by me also gets fortified from the decisions in air ..... again heard by the learned tribunal in extenso. the nalco examined one witness and the insurance company examined two witnesses. the sole contention of the nalco was that proviso (ii) to section 95(1 ..... the owner giving them (owner and insurance co.) opportunity to adduce evidence on the said question.' 3. it is an admitted fact that the vehicle in question was being used by nalco for transporting its employees, and on the date in question the vehicle hit the pedestrian who succumbed to the injuries.4. after remand, the matter was once .....
Tag this Judgment!Court : Orissa
Reported in : 1990ACJ288; 68(1989)CLT612
..... on account of negligent driving of the vehicle, widow, three minor children and parents filed an application under section 110-a of the act claiming compensation of rs. 1,50,000/-. owner and the insurer both contested the claim petition. tribunal, on assessment of material, held that the accident in which deceased sustained fatal injuries was on ..... am not inclined to interfere with the determination of the amount of just compensation. thus, there is no merit in the cross-objection.4. learned counsel for the insurer appellant submitted that liability of the insurer in this case ought to have been confined to rs. 50,000/-in all as provided in section 95(2)(b)(i) of ..... in the vehicle. accordingly, i am required to examine this question.5. there can be no dispute that section 95 deals with the statutory liability of insurer. insured and insurer cannot defeat this provision by any term in the contract between them. there cannot also be dispute that the limit provided in section 95 can be exceeded .....
Tag this Judgment!Court : Orissa
Reported in : 1992ACJ684
..... this case to prove that this vehicle has been registered afresh in orissa bearing registration no. osk 466 during the period when the insurance was in force. neither in the policy nor in the act, there is any provision that change in the registration number of one state to another would require a fresh policy or would ..... driving. it further asserted that the risk has been covered by the policy of insurance issued by the insurer. insurer objected to its liability on the ground that deceased was a gratuitous passenger and the vehicle insured by it was aps 3736 and not osk 466.4. trial court on consideration of the materials on record held that accident was ..... on account of negligent driving of the vehicle and held that the deceased was an occupant and not a gratuitous passenger. it further held that registration number of the vehicle insured has subsequently been changed and, accordingly .....
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