Array ( [0] => ..... a case of death. in the case of death and if employer - employee relationship is not in dispute, the workmen's compensation act provides formula for determining compensation. therefore, ordinarily the insurer, if the contract of insurance is admitted and the insurer has been intimated about the happening of the incident resulting in death and that the facts are not in dispute, should not ..... shrug off its responsibility in honouring the commitments, which are mfa no.85/2013 4 undertaken under the contract of insurance. this principle comes into more sharp focus when the insurer is a public sector unit and is also aware of the claim under the workmen's employees compensation act. in this context it is noted that there is liability on the employer to ..... [1] => ..... prescribed certificates and the correspondence relating to plaintiff's earlier approach for coverage with m/s. oriental insurance co., ltd., who expressed its inability to act speedily at a later stage. (iv) after perusal of the file, the assistant branch manager, who had been approaching for the insurance of the vessel and who had already contacted and secured prior concurrence of defendants 3 and ..... and also that of the defendants 3 and 4 are distinct or independent and that the first defendant is not bound by the acts, functions, transactions or obligations undertaken by the other defendants or entered on behalf of the first defendant insurance company. in the absence of any public notice or such notification informing the insurer like plaintiff about the powers of restriction of ..... [2] => ..... the month of april 2001, the tariff advisory committee (herein after referred to as tac, for brevity) formed under section 64 of the insurance act, 1938, had amended the all india fire tariff by inserting an entry in section iv of the said tariff 6 under the classification industrial/manufacturing risks and included electronic software park in the said classification. by this amendment, the ..... , 5-9-58/b, basheer bagh, hyderabad 500004, represented by its director. tariff advisory committee, a statutory body under the insurance act, 1938, ador house , 6, k.dubash marg, mumbai 400023, represented by its 2. 4 dgm in-charge shri.d.k.poddar.2. reliance general insurance company ltd., east wing, 5th floor, 28, centenary building, m.g.road, bengaluru-560001, represented by its chairman ..... [3] => ..... the period from 1.6.87 to 30.10.89 committed gross misconduct in as much as he prepared docket no. 13/54 dated 26.4.1989 for rs. 195/- in respect of insured person named s.p. das, ins. no. 184693 and forged the acquittance and mis-appropriated the amount of rs. 195/-. thus, shri ..... ) (ii) (iii) of ccs (conduct) rules, 1964 which is applicable to the employees of employees' state insurance corporation by virtue of regulation 23 of the employees' state insurance corporation (staff and conditions of service) regulations, 1959 as amended." 4. the applicant in his defence assailed the competence of the regional director, in initiating the disciplinary proceeding as without jurisdiction ..... misconduct in as much as he prepared docket no. 14/38 dated 28.4.89 in respect of shri n.k. sarkar, ins. no. 129007 for rs. 300/- and forged the acquittance of the insured person and mis-appropriated rs. 300/-. thus, by his above act shri ali, exhibited lack of integrity, devotion to duty and conduct unbecoming ..... [4] => ..... him that the persons entitled to claim the amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of the point at issue ..... upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the insurance act of 1938. the dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the ..... gift, title would pass unto the nominee and the policy-holder would have no right either to transfer or assign the policy which he has under sub-section (4) of section 39 of the insurance act. so also if any interest was created in favour of the nominee, the policy-holder would not be entitled to the sum assured upon the maturity of ..... [5] => ..... provide for the establishment of an authority to protect the interests of holders of insurance policies, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto and further to amend the insurance act, 1938, the life insurance corporation act, 1956 and the general insurance business (nationalisation) act, 1972.'28. the statement of objects and reasons ('sor') indicates that a need ..... is submitted that a reading of section 14(b) of the insurance regulatory development authority act ('irda act') together with section 64um(2), (3) & (4) of the insurance act indicates the wide powers of the irda to deal with such claims of the insurers. further, the appellate authority?s power is co-terminus with the power of the irda. reliance is placed on the judgment in jute corporation of india ..... [6] => ..... as an arrears of revenue.3. aggrieved over the above said proceedings, the respondent / petitioner filed an esiop.no.4/1993 under sections 75(1) and 77 of esi act, before the employees insurance court / district court, kanyakumari at nagercoil, seeking the relief as under:- a. to declare that the petitioner establishment ..... in the above said esiop.no.4/1993.7. the learned counsel appearing for the appellants mainly contended that the employees insurance court / principal district court failed to consider the fact that required persons were employed and therefore, the establishment is covered under the esi act. further, the employees insurance court / principal district court wrongly ..... and total 21 employers were working at the time of inspection and therefore, the above said establishment is covered under the provisions of employees state insurance act from 01.01.1991. per contra, the contention of the respondent / petitioner is that readymade shop running in the ground floor is a separate ..... [7] => ..... are the proper proceedings relating to the contravention of section 40 of the employees' state insurance act, 1948, in view of the provisions of sub-section (4) thereof, enjoining that any sum deducted bv the principal employer from wages under the said act 'shall be deemed to have been entrusted to him by the employee for the purpose ..... code would not be bad even if the offence with which the petitioner was charged had come within the scope of section 84 of the employees' state insurance act.'the decision of the division bench must prevail and i hold, as observed by their lordships of the division bench, that a prosecution, if otherwise maintainable, ..... overruled. mr. mukherjee also made an ancillary submission. he contended that the employees' state insurance act is a special act enacted 'to provide for certain benefits to employees in certain cases' as referred to in the object of the act and therefore the intention of the legislature as contained therein should not be frustrated by a ..... [8] => ..... age at the time of his death. (iii) since the employer had paid a sum of rs.2 lacs to the employee, the appellant-insurance company is liable for adjustment of this amount against the compensation granted.4. so far as the first argument of the commissioner having taken the minimum wages and not actual wage of rs.2500/-, when the attention ..... due and payable in law, and considering that there is only a difference of rs.57 between the figure of rs.4000/- as per explanation ii to section 4(1)(a) of the act and the figure of rs.4057/- taken by the commissioner, i do not think that it is necessary to disturb the finding of the commissioner taking the monthly ..... valmiki j.mehta to be referred to the reporter or not?. valmiki j.mehta, j (oral) 1. this first appeal is filed under section 30 of the employee s compensation act, 1923 impugning the judgment of the commissioner dated 9.9.2010 by which the claim petition filed by the claimants, respondents no.1 to 5 herein was allowed by awarding ..... [9] => ..... and damages to the vessel discharge the respondent from any liability under the insurance policy as per section 35(3) of the marine insurance act, 1963. reliance has been placed in this regard on ranjan kumar and brothers v. oriental insurance co., (2020) 4 scc364 (e) it is further submitted that it is a settled principle ..... of law that a contract of insurance is based on the principle of ubberimae fide, as stipulated under section 19 of the marine insurance act, 1963. the appellant after receiving an amount of ..... decision in the case of sea lark fisheries vs. united india insurance company & anr., (2008) 4 scc131wherein the requirements of marine insurance policy and the implied warranty of seaworthiness was considered and it was also held that as per section 19 of the act, insurance is uberrimae fidei, which means that the issuance of the policy ..... [10] => ..... the balance of the profits disclosed by the annual account of a general insurance company, which are required to be prepared under the insurance act, 1938, and to be furnished to the controller of insurance subject to annual adjustments as were permissible under the said rule 5.4. the tribunal with reference to the factual position came to hold that the ..... retrocession and the reinsurance so accepting the share in the cession is called retrocession ire. in the instant case, the asses-see is a reinsurance and the calcutta insurance ltd. (in short 'ci') is its retrocession ire. under an agreement entered into between the assessed and ci, the former was entitled to retain 40 per ..... time was engaged in the business of general reinsurance of fire, marine, motor and miscellaneous policies. reinsurance is made by ceding a part of thepremium by the original insurer to the reinsurance for sharing the risk. the reinsurance, in its turn, may give off a share of cession which has been ceded to it. if it ..... [11] => ..... amount, however, can be claimed by the heirs of the member in accordance with the law of succession governing them. 12. while interpreting section 39 of the insurance act, 1938 which provides for nomination of the person or persons to whom the money secured by the policy shall be paid in the event of his death the supreme court in ..... are sons born to her during her lawful marriage with the deceased bhanabhai. each plaintiff had l/6th share in the joint properties described in paragraph 4 of the plaint along with each defendant. it was further decreed that defendant no. 1 shall render the accounts of the amount recovered by her from various parties under ..... rs. 15,000/-(2)amount of gratuity with the calico mills, ahmedabad.. rs. 8,000/-(3)amount of deposit with the calico mills co-operativecredit society. rs. 1,750/-(4)amount of contribution with the calico co-operativesociety.. rs. 2,000/-no. 1 was lawfully married wife of the deceased bhanabhai malabhai and the respondents nos. 2 & 3 ..... [12] => ..... particular time is really a matter for the legislature to say. we may refer here by way of contrast to s. 31a of the insurance act, 1938. that section is in terms similar to s. 10 of the banking act, but has some marked differences. firstly, it specifically mentions bonus, along with a share in profits, in cls. (b) and (c ..... . therefore, we have not considered it necessary to state in detail the contentions raised before us on behalf of the parties concerned with regard to questions (3) and (4). 39. a few words regarding civil appeal no. 62 of 1957 before we conclude. besides the question of bonus two other questions were raised in this appeal : (1 ..... banks moved this court for special leave to appeal from the decision dated april 28, 1954, of the labour appellate tribunal and such leave was granted on october 4, 1954. the same order which granted special leave also directed that the appeals be consolidated. these seven appeals on behalf of different banks against their workmen have been ..... [13] => ..... fell for consideration was that in view of earlier conviction and sentence under section 409, ipc a subsequent prosecution for an offence under section 105 of insurance act, 1938. was barred by section 26 of the general clauses act and article 20(2) of the constitution. this court observed (at pp. 581 and 583 of air):to operate as a bar the second prosecution ..... early morning of 1-6-86 before dawn i.e. on 1-6-86 by him and (1) sri abraham bhengra (2) sri murad ali khan (3) sri vikram singh, (4) sri farukh salauddin (5) sri babu khan (named above) by two rifles and had used 6 rounds of bullets. on the spot two empty cartridges were found and i picked ..... is no eye witness in this case and there is no identification of the petitioner in any manner whatsoever to sustain the allegation even prima facie for the offence alleged.4. on a careful consideration of the matter, we are afraid, the approach of and the conclusion reached by the high court is unsupportable. in regard to the first ground, ..... [14] => ..... alleging that they were not aware thereabout. it is not in dispute that quantum of premium paid for renewal of the policy is in terms of the provisions of the insurance act, 1938. the vehicle was hypothecated to a nationalized bank. the certificate of registration, presumably, therefore, carried the name of the bank also. the bank admittedly paid the premium. ..... . this court furthermore in some of its decisions noticed the distinction between a statutory contract of insurance and a contract of insurance simpliciter. it is in that view of the matter, this court in rikhi ram held: (scc p. 100, paras 4-5)4. a perusal of sections 94 and 95 would further show that the said provisions do not ..... sum of rs.2,64,420/- payable with interest at 6% from the date of petition till the date of deposit by the insurance company. being aggrieved by the same, the present appeal is filed.4. brief facts leading to filing of mfa no.3528/2008 is that the claimants in mvc no.704/2006, namely chikkappa, first claimant ..... [15] => ..... also contended that the petitioner bank as assignee under the policy is directly entitled to receive the amount of the insurance company under the statutory provisions of the insurance act, 1938 (more specifically section 38) and the transfer of property act, 1882 (more specifically sections 130 and 135). in this behalf, learned senior counsel has relied upon the ..... a. from october, 1998 till date of payment as per the judgment dated 23.02.2007. the appeal filed by the insurance company before the supreme court was dismissed in limine on 10.07.2007. 4. respondent no. 1 company went into financial difficulties in the meantime and, thus, filed an application under section 15 of the ..... the amount had not been transferred to the nla by the petitioner bank and its conduct is unbecoming of an oa. notice was issued under sections 30 (4) of the sica for non-compliance and non-implementation of the directions of the bench / bifr. the petitioner bank was further discharged from the responsibility of ..... [16] => ..... by virtue of the provisions of section 13 of the code of civil procedure, 1908, conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (48 1938), and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit ..... it will be better to quote the section itself which reads as under :' 96. duty of insurers to satisfy judgments against persons insured in respect of third party risks.--(1) if, after a certificate of insurance has been issued under sub-section (4) of section 95 in favour of the person by whom a policy has been effected, judgment in ..... made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2). (3) where a certificate of insurance has been issued under sub-section (4) of section 95 to the person by whom a policy has been effected, so much of the policy as purports to restrict the ..... [17] => ..... 8 claim a share therein.8. the contention of the learned counsel for appellant is that since a.p. government life insurance fund scheme is governed by a.p.g.l.i. fund rules, insurance act, 1938 does not apply to apgli fund, and since rule 31(a) of apgli fund rules reads:'provided that any nomination to ..... servant;(ii) husband in the case of a female government servant;(iii) sons including step-sons, posthumous sons, and adopted sons (whose personal law permits such adoption);(iv) unmarried daughters including step daughters, posthumous daughters and adopted daughters (whose personal law permits such adoption);(v) widowed daughters including stepdaughters and adopted daughters;(vi) father and ..... ;(viii) unmarried sisters and widowed sisters including step sisters;(ix) married daughters; and (x) children of pre-deceased son.' rules 47(1)(b), 2, 3 and 4 of the revised pension rules read: '47 (1) (b) if there is no such nomination or if the nomination made does not subsist, the gratuity shall be ..... [18] => ..... is covered by sub-clause (i) of clause (a) of section 87(1) of the act. 6. the expression 'life insurance business' has been defined in clause (11)of section 2 of insurance act, 1938 : ''life insurance business' means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except ..... shall be returned to the person or persons entitled to them in terms of the policy.'4. the assessee has claimed rebate under section 87 of the act. section 87 permits rebate on life insurance premia, etc. sub-section (1) of section 87 of the act states :'.... the assessee shall be entitled to, a deduction ..... of anamount equal to ..... to this court :'whether, on the facts and in the circumstances of the case, the rebate claimed by the assessee in the sum of rs. 4,687 in respect of the policy taken by the assessee under the caption of pure endowment assurance, without profits, is allowable under the provisions of the indian income- ..... [19] => ..... the said act is given the definition of assets, which is as follows: '2. (e) ' assets ..... payment of rs. 2,88,184 on 22nd january, 1964.' 4. before the contentions of the learned counsel for the parties are gone into, the relevant provisions of the wealth-tax act, 1957, and the insurance act, 1938, may be referred to. section 2 of the wealth-tax act provides certain definitions and in clause (e) of section 2 of ..... ' includes property of every description, movable or immovable, but does not include,--...... (iv) a right to ..... ) Insurance Act 1938 4 of 1938 Section 7 Deposits - Page 8 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Page 8 of about 288,194 results (0.945 seconds)

Feb 11 2014 (HC)

The New India Assurance Company Limited Vs. Lilla Francis

Court : Kerala

..... a case of death. in the case of death and if employer - employee relationship is not in dispute, the workmen's compensation act provides formula for determining compensation. therefore, ordinarily the insurer, if the contract of insurance is admitted and the insurer has been intimated about the happening of the incident resulting in death and that the facts are not in dispute, should not ..... shrug off its responsibility in honouring the commitments, which are mfa no.85/2013 4 undertaken under the contract of insurance. this principle comes into more sharp focus when the insurer is a public sector unit and is also aware of the claim under the workmen's employees compensation act. in this context it is noted that there is liability on the employer to .....

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Aug 11 2016 (HC)

United India Insurance Co., Ltd., Rep. by its Chairman, Chennai and Ot ...

Court : Chennai

..... prescribed certificates and the correspondence relating to plaintiff's earlier approach for coverage with m/s. oriental insurance co., ltd., who expressed its inability to act speedily at a later stage. (iv) after perusal of the file, the assistant branch manager, who had been approaching for the insurance of the vessel and who had already contacted and secured prior concurrence of defendants 3 and ..... and also that of the defendants 3 and 4 are distinct or independent and that the first defendant is not bound by the acts, functions, transactions or obligations undertaken by the other defendants or entered on behalf of the first defendant insurance company. in the absence of any public notice or such notification informing the insurer like plaintiff about the powers of restriction of .....

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Nov 27 2015 (HC)

Infosys Technologies Ltd Vs. Insurance Regulatory Development Authorit ...

Court : Karnataka

..... the month of april 2001, the tariff advisory committee (herein after referred to as tac, for brevity) formed under section 64 of the insurance act, 1938, had amended the all india fire tariff by inserting an entry in section iv of the said tariff 6 under the classification industrial/manufacturing risks and included electronic software park in the said classification. by this amendment, the ..... , 5-9-58/b, basheer bagh, hyderabad 500004, represented by its director. tariff advisory committee, a statutory body under the insurance act, 1938, ador house , 6, k.dubash marg, mumbai 400023, represented by its 2. 4 dgm in-charge shri.d.k.poddar.2. reliance general insurance company ltd., east wing, 5th floor, 28, centenary building, m.g.road, bengaluru-560001, represented by its chairman .....

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May 17 2001 (TRI)

H. Ali Vs. Employees State Insurance

Court : Central Administrative Tribunal CAT Guwahati

..... the period from 1.6.87 to 30.10.89 committed gross misconduct in as much as he prepared docket no. 13/54 dated 26.4.1989 for rs. 195/- in respect of insured person named s.p. das, ins. no. 184693 and forged the acquittance and mis-appropriated the amount of rs. 195/-. thus, shri ..... ) (ii) (iii) of ccs (conduct) rules, 1964 which is applicable to the employees of employees' state insurance corporation by virtue of regulation 23 of the employees' state insurance corporation (staff and conditions of service) regulations, 1959 as amended." 4. the applicant in his defence assailed the competence of the regional director, in initiating the disciplinary proceeding as without jurisdiction ..... misconduct in as much as he prepared docket no. 14/38 dated 28.4.89 in respect of shri n.k. sarkar, ins. no. 129007 for rs. 300/- and forged the acquittance of the insured person and mis-appropriated rs. 300/-. thus, by his above act shri ali, exhibited lack of integrity, devotion to duty and conduct unbecoming .....

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Feb 22 1977 (HC)

Atmaram Mohanlal Panchal Vs. Gunvantiben Alias Geetaben and ors.

Court : Gujarat

Reported in : [1978]48CompCas250(Guj); (1977)GLR668

..... him that the persons entitled to claim the amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of the point at issue ..... upon the death of the policy-holder in their capacity as his heirs and not the person named in the policy as a nominee under section 39 of the insurance act of 1938. the dispute was raised by the father of the policy-holder who was the nominee named in the policy on the premise that he had a title to the ..... gift, title would pass unto the nominee and the policy-holder would have no right either to transfer or assign the policy which he has under sub-section (4) of section 39 of the insurance act. so also if any interest was created in favour of the nominee, the policy-holder would not be entitled to the sum assured upon the maturity of .....

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May 24 2010 (HC)

New India Assurance Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

..... provide for the establishment of an authority to protect the interests of holders of insurance policies, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto and further to amend the insurance act, 1938, the life insurance corporation act, 1956 and the general insurance business (nationalisation) act, 1972.'28. the statement of objects and reasons ('sor') indicates that a need ..... is submitted that a reading of section 14(b) of the insurance regulatory development authority act ('irda act') together with section 64um(2), (3) & (4) of the insurance act indicates the wide powers of the irda to deal with such claims of the insurers. further, the appellate authority?s power is co-terminus with the power of the irda. reliance is placed on the judgment in jute corporation of india .....

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Sep 04 2013 (HC)

1.Employees State Insurance Corporation Vs. Tower Readymades,

Court : Chennai

..... as an arrears of revenue.3. aggrieved over the above said proceedings, the respondent / petitioner filed an esiop.no.4/1993 under sections 75(1) and 77 of esi act, before the employees insurance court / district court, kanyakumari at nagercoil, seeking the relief as under:- a. to declare that the petitioner establishment ..... in the above said esiop.no.4/1993.7. the learned counsel appearing for the appellants mainly contended that the employees insurance court / principal district court failed to consider the fact that required persons were employed and therefore, the establishment is covered under the esi act. further, the employees insurance court / principal district court wrongly ..... and total 21 employers were working at the time of inspection and therefore, the above said establishment is covered under the provisions of employees state insurance act from 01.01.1991. per contra, the contention of the respondent / petitioner is that readymade shop running in the ground floor is a separate .....

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Jun 10 1970 (HC)

Nathmull Poddar Vs. Salil Kumar Chakraborty

Court : Kolkata

Reported in : AIR1971Cal93,1971CriLJ361,74CWN792

..... are the proper proceedings relating to the contravention of section 40 of the employees' state insurance act, 1948, in view of the provisions of sub-section (4) thereof, enjoining that any sum deducted bv the principal employer from wages under the said act 'shall be deemed to have been entrusted to him by the employee for the purpose ..... code would not be bad even if the offence with which the petitioner was charged had come within the scope of section 84 of the employees' state insurance act.'the decision of the division bench must prevail and i hold, as observed by their lordships of the division bench, that a prosecution, if otherwise maintainable, ..... overruled. mr. mukherjee also made an ancillary submission. he contended that the employees' state insurance act is a special act enacted 'to provide for certain benefits to employees in certain cases' as referred to in the object of the act and therefore the intention of the legislature as contained therein should not be frustrated by a .....

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Mar 05 2014 (HC)

New India Assurance Co. Ltd. Vs. Babita Mishra and ors.

Court : Delhi

..... age at the time of his death. (iii) since the employer had paid a sum of rs.2 lacs to the employee, the appellant-insurance company is liable for adjustment of this amount against the compensation granted.4. so far as the first argument of the commissioner having taken the minimum wages and not actual wage of rs.2500/-, when the attention ..... due and payable in law, and considering that there is only a difference of rs.57 between the figure of rs.4000/- as per explanation ii to section 4(1)(a) of the act and the figure of rs.4057/- taken by the commissioner, i do not think that it is necessary to disturb the finding of the commissioner taking the monthly ..... valmiki j.mehta to be referred to the reporter or not?. valmiki j.mehta, j (oral) 1. this first appeal is filed under section 30 of the employee s compensation act, 1923 impugning the judgment of the commissioner dated 9.9.2010 by which the claim petition filed by the claimants, respondents no.1 to 5 herein was allowed by awarding .....

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Aug 09 2023 (SC)

Hind Offshore Pvt. Ltd. Vs. Iffco-tokio General Insurance Co. Ltd

Court : Supreme Court of India

..... and damages to the vessel discharge the respondent from any liability under the insurance policy as per section 35(3) of the marine insurance act, 1963. reliance has been placed in this regard on ranjan kumar and brothers v. oriental insurance co., (2020) 4 scc364 (e) it is further submitted that it is a settled principle ..... of law that a contract of insurance is based on the principle of ubberimae fide, as stipulated under section 19 of the marine insurance act, 1963. the appellant after receiving an amount of ..... decision in the case of sea lark fisheries vs. united india insurance company & anr., (2008) 4 scc131wherein the requirements of marine insurance policy and the implied warranty of seaworthiness was considered and it was also held that as per section 19 of the act, insurance is uberrimae fidei, which means that the issuance of the policy .....

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