Court : Kerala
Reported in : AIR2009Ker71; 2009(1)KLT153
..... insurance act 1938 does not define an insurance service but significantly it defines life insurance business, marine insurance business, general insurance business and fire insurance business. life insurance business is defined under section 2(11) of the insurance act. the same reads as follows:2(11). life insurance business means the business of effecting contracts of insurance ..... it is bereft of jurisdiction.4. learned counsel for the respondents submits that the motor vehicles act inter alia provides for compulsory insurance for any motor vehicle and consequently the claim by an injured in a motor accident against the ..... insurance coverage of the vehicle in question, which was involved in the accident. i find that the question raised in this regard is not traversed by any judgment of the supreme court or this court. therefore, i have anxiously considered the issue.5. chapter vi-a of the act was substituted by amendment of the legal services authorities act brought about in the year 2002 .....
Tag this Judgment!Court : Kerala
Reported in : III(2006)ACC727; 2006ACJ2693; [2006(110)FLR1111]; 2006(3)KLT168
..... that the rate of interest payable should be 12% and not 6% because penalty provision under section 4a had also undergone amendment under the very same amendment act of 1995 and that provision is effective with effect from the date of payment. a division bench of this court has ..... it was held that the primary liability for payment of compensation rests on the employer viz. 1st respondent and since there is a valid insurance coverage, the second respondent shall be directed to deposit a sum of rs. 62,588/- with simple interest @ 6% per annum ..... counsel has placed reliance on the decision of a division bench of this court in oriental insurance co. v. mohammed 2002 (1) klt 131.7. according to the learned counsel, the decision of the full bench of this court in united ..... india insurance co. ltd. v. alavi 1998 (1) klt 951 and the supreme court judgment approving the above full .....
Tag this Judgment!Court : Kerala
Reported in : (2003)IIILLJ155Ker
..... (3) klt 348} and a full bench decision of this court reported in united india insurance co. ltd. v. alavi {1998 (1) klt 951}. 6. in the full bench decision, this court considered the applicability of the amendment to the provisions of sections 4 and 4a by act 30 of 1995 which came into force on 15.9.1995. this court made it ..... date of the accident. necessarily, it shall apply to the interest rate as well. 8. the counsel for the appellant has pointed out a later decision reported in oriental insurance co. v. mohammed {2002 (1) klt 131} where division bench has taken the view that as payment of interest depends upon the time of payment of compensation, the workmen is entitled to .....
Tag this Judgment!Court : Kerala
Reported in : 2001ACJ276; AIR2000Ker127
..... gratuitous passengers and not carried in pursuance of a contract of employment. he further contended that the liability of the insurance company was limited to the extent provided in section 95(2)(a) of the motor vehicles act, 1939 and as contained in ext. r1 policy. as against these contentions the 'counsel for the claimants submitted ..... 868/86, 1075/86 and 1072/86 respectively. the common appellant in all these appeals is m/s. national insurance company limited, alwaye. 2. the above claim petitions under section 110-a of the motor vehicles act were filed by the claimants claiming compensation for the death or personal injuries, as the case may be, arising out ..... 2 scc 745 : air 1977 sc 1735. that judgment was based upon the relevant clause in the insurance policy in that case which restricted the legal liability of the insurer to the statutory requirement under section 95 of motor vehicles act. that decision will have no bearing in the present case inasmuch as the terms of the policy here .....
Tag this Judgment!Court : Kerala
Reported in : II(2003)ACC307; 2003ACJ379
..... only to a maximum of rs. 50,000/- under section 95(2) of the motor vehicles act. the liability of the insurer is limited to rs. 50,000/-. the motor accidents claims tribunal made an award directing that the insurance company had to pay the entire amount awarded as compensation. the argument advanced by the learned counsel ..... . the trial court found that the liability of the appellant to pay the excess amount paid by the insurance company to the claimant in the original petition arises out of the provisions of the motor vehicles act and that there can be ho estoppel against the statute. relying on the decision of this court in ..... other two cases in which appeals have not been filed rejecting the contention of the insurance company regarding limited liability had become final. there four claim petitions for compensation under the motor vehicles act were tried together and the claim of insurance company regarding limited liability was rejected. there was appeal only against two awards and .....
Tag this Judgment!Court : Kerala
Reported in : 1998ACJ1131; [1998]92CompCas556(Ker)
..... march 4, 1985. therefore, the provision as it stood then alone is applicable. the supreme court, after referring to the relevant provisions of the act and also the provisions contained in the insurance policy, has observed as follows (page 852) :'a perusal of the policy, therefore, indicates that the liability undertaken with regard to the death of ..... view that the tribunal has not taken note of the terms as per the contract of insurance which only provides that the insurance company is liable to pay such amount as is necessary to meet the requirements of the motor vehicles act, 1939. the interpretation made by the tribunal is not correct and such an interpretation is ..... , however, interpreted the phrase 'such amount as is necessary to meet the requirements of the motor vehicles act, 1939' as any amount that may be awarded by the tribunal. by interpreting so, the tribunal held that the insurance company is liable for payment of the entire compensation of rs. 1,49,675 with interest at 9 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker86
..... p3. the high court of madras also followed suit, in thejudgment of a division bench consisting of ramaswamy and swamikannu jj. it was in the meantime, that the life insurance corporation of india (amendment) act, 1 of 1981, was promulgated apparently to get over the effect of the judgment of the supreme court reported in l.i.c. v. d. j. bahadur : (1981 ..... ) after sub-section (2), the following subsections shall be inserted, namely : -- '(2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the corporation on the appointed .....
Tag this Judgment!Court : Kerala
Reported in : (1998)IILLJ0984Ker
..... to the argument based on the provisions contained under section 93a we note that the above section was added in the statute by way of an amendment under employees' state insurance (amendment) act, 1965. section 93a reads as follows:'93-a liability in case of transfer of establishment:- where an employer, in relation to a factory or establishment ..... , the i respondent e.s.i. corporation issued orders to the appellant demanding an amount of rs. 2,73,556.65 as contribution under the employees' state insurance act in respect of the employees in the factory for the periods from october 11, 1976 to november 29, 1976, october 25, 1979 to march 29, 1980, ..... amendment referring to section 93a it is stated as follows:' it is proposed to provide that the buyer or transferee of an establishment in respect of which dues payable under the act are pending shall also be liable to pay those dues.'the language of the section would not in any way justify the interpretation given by the employees' insurance .....
Tag this Judgment!Court : Kerala
Reported in : [1998(79)FLR969]; (1998)ILLJ1190Ker
labour and industrial - jurisdiction - sections 2 (12), 75 and 77 of employees' state insurance act, 1948 and employees' state insurance (amendment) act, 1989 - where 20 or more persons employed in factory or establishment - factory becomes insurable unit and all employees shall be insured in view of section 38 - no liability to pay contribution in respect of persons employed in case number of persons employed is less than 20 - jurisdiction of e.s.i. corporation to demand contribution from factory or establishment depends on determination of total number of persons employed in unit.
Tag this Judgment!Court : Kerala
Reported in : 2003ACJ2033; 2003(3)KLT460
..... vehicle (amendment) act 54 of 1994 with effect from 14.11.1994. that provision is extracted below for easy reference. 163a. (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be ..... under section 163a is in addition to the compensation claimed under section 166 however stands referred to a larger bench in deepal girishbhai soni v. united india insurance co. ltd. (2002 acj 1158). 12. in this connection, we may also refer to the decision of the bombay high court in latabai bhagwan kakade v. mohammed ismail ..... the himachal pradesh high court in kokla devi v. chet ram and anr. (2002 acj 650) has also considered similar situation. in that case according to the insurance company the death had occurred due to negligence of the driver himself and insurance company cannot be made liable. after elaborately surveying the various decisions on the point the .....
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