Judgment Search Results Home > Cases Phrase: insurance amendment act 2002 section 6 amendment of section 28b Page 6 of about 8,658 results (0.331 seconds)

Sree Veera Venkata Satyanarayana Rice Mill and Others Vs. United India ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... calculation memo stating that they have deposited the demand drafts on 29/6/2010 giving the calculations as follows: from the aforementioned calculations, it is clear that the insurance company deducted 20% on the amount awarded towards tds. they also filed a memo which states as follows: in respect of all cases where pan is not ..... much after and subsequent to the order of the national commission. the rule position is as follows: a similar amendment has been made in section 194c(1) with effect from june, 1, 2007. circular no.9 of 2002 making a distinction between nominal member and duly registered member with regard to their rights and privileges, is outside ..... pan numbers. we also observe from the record that no such demand has been made by the insurance company on the complainant to furnish the pan number. without even asking for the pan numbers, the act of the opposite party, insurance company, in unilaterally deducting 20% when there is a rule position which clearly states that only 10 .....

Employee State Insurance Corporation Vs. M/S Hindustan Unilever Ltd.

Court : Delhi

..... such order as an arrear of land revenue under section 45b or the recovery under sections 45c or 45i. 6. section 45-a of the act was amended with effect from 1st june, 2002 and a proviso with regard to limitation was included. the proviso reads, thus, provided further that no such order shall be passed by the corporation ..... accordingly, preliminary issue has been answered in favour of the respondent and against the appellant. for arriving at this view, esic court has placed reliance on sections 45-a and 77 of the act.5. section 45-a before amendment reads as under: 45a. determination of contributions in certain cases :- (1) where in respect of a factory or establishment ..... respondent in the year 2000 and 2003 will also not absolve the respondent from the liability of fjbp since under section 93-a of the act transferee company is liable to make the payment of esic contribution in respect of the transferor company.11. appeal is, accordingly, disposed of in the above terms. a.k. pathak, j.july23 .....

New India Assurance Company Ltd. Vs. Santoshidevi Wd/O Radheshayam Sha ...

Court : Mumbai

Reported in : 2004ACJ1524; 2004(2)MhLj273

..... in all these cases the claimants claimed compensation under section 95(1)(b)(i) and clause (ii) of the proviso after its amendment in 1939 under the old act. the submission is, it is the insurance company, which is liable to pay the compensation notwithstanding that the vehicle involved in the accident is a goods vehicle. on the other ..... that vehicle met with an accident and the owner of the goods or his representative either dies or suffers bodily injury. therefore in a case prior to amendment the insurer was not liable for paying compensation to the owner of goods or his authorised representative on being carried in a goods vehicle when that vehicle meets with ..... in support of his submissions, he relied on the decisions of the supreme court in the case of mallawwa and ors. v. oriental insurance co. ltd. and ors., : air1999sc589 , ramesh kumar v. national insurance co. ltd. and ors., 2002 (1) mh.l.j. 269 and the larger bench decision in the case of new india assurance co. ltd. v. asha rani .....

National Insurance Co. Ltd. Now Represented by Its Regional Manager Vs ...

Court : Karnataka

Reported in : ILR2009KAR3773

..... for hearing of arguments. petitioners filed ia-v under order 6 rule 17 cpc to amend the claim petition filed, to one under section 163a of the act. by overruling the objections of insurance company, ia-v was allowed on the ground that, amendment sought, being only a change of provision of law, is formal in nature. on ..... respondents 1 to 3 herein, instituted in the motor accident claims tribunal, (for short 'tribunal') a claim petition under section 166 of motor vehicle act 1988, (for short 'act') on 6.11.2002 to award compensation of rs. 15,00,000/-. 4th respondent herein was the 1st respondent and the appellant was the 2nd respondent, in the said ..... one chandrappa s/o. late. dasegowda of narayanaghattahalll village in arsikere taluk. said chandrappa, owned a motor vehicle, maxicab bearing no. ka-18-3125. on 27.8.2002, chandrappa while travelling in his said vehicle to go tiptur, on account of the rash and negligent driving by its driver, which resulted in an accident, sustained injuries. .....

The Oriental Insurance Co. Ltd. Now Rep. by Its Regional Manager the O ...

Court : Karnataka

Reported in : 2009(4)KarLJ121:2009(1)KCCR734:2009(3)AIRKarR412:AIR2009NOC1720(D.B

..... earner of the family, the legal representatives of muniyapa filed a claim petition under section 166 of the mv act but later during the course of trial got the petition amended to one under section 163a as per the order of amendment dated. 4.10.2002.3. on receipt of notice from the tribunal, respondent no. 5 herein, the owner of the ..... in the accident.22. subsequent to this decision is the decision of the hon'ble supreme court in the case of deepal girishbhai soni and ors. v. united insurance company limited, baroda reported in : air2004sc2107 which is a decision rendered by a larger bench on a reference by a bench of two judges doubting the correctness of ..... compensation rs. 3,98,000/- with interest at the rate of 6% pa from the date of petition till realization. being aggrieved by the said judgment and award the insurance company has preferred tins appeal7. we have heard sri. a.n. krishnaswamy learned counsel for appellant and sri. sripad shastry learned for respondent 1 to 4.8. it .....

Bajaj Allianz General Insurance Co. Ltd. Vs. Dasru Patel and Others

Court : Chhattisgarh

Reported in : 2011AIR(Chhat)149

..... or matters relating to an offence not compoundable under any law by means of amicable settlement. 9. chapter vi-a of the act was substituted by amendment of the legal services authorities act brought about in the year 2002. section 22a(a) defines permanent lok adalat as one established under sub-section (1) of section 22b. section 22a(b) ..... power, light or water to the public by any establishment; or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi) insurance service. 10. section 22-b provides for the establishment of a permanent lok adalat. section 22b(1) reads as follows:- 22b(1) notwithstanding anything contained in section 19, ..... that it was obtained by non-disclosure of material fact or by representation of fact which was false in sum material particulars. this is a defence against the insured and not against the claimant. however, section 170 makes it clear that in the course of any enquiry, on such claim petition, if there is collusion .....

Richa Khare and Others Vs. Ankit Guta and Others

Court : Allahabad

..... to rash and negligent driving of the truck driver. thus, all the necessary ingredients for an application under section 166 of the act are present in the claim petition. significantly, in the amendment application no amendment of the pleading or the relief has been sought by the claimants. thus, there is no question of change of nature of ..... to a section of people whose annual income is not more than rs.40,000/-, whereas section 166 under chapter xii of the act does not have any such ceiling. the supreme court in the case of national insurance company limited v. sinitha and others [2012 (1) tnmac 1 (sc): 2012 (2) scc 356] has considered the ..... various decisions upheld the power that in deserving cases, the court can allow delayed amendment by compensating the other side by awarding costs. the entire object of the amendment to order 6 rule 17 as introduced in 2002 is to stall filing of application for amending a pleading subsequent to the commencement of trial, to avoid surprises and that .....

Suprasesh General Insurance Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2007)8STR513

..... the commissioner classified the appellants as "reinsurance brokers" within the meaning of regulation 2(m) of the irda (insurance brokers) regulations, 2002 and adopted certain other definitions from the insurance act, 1938, as permitted under the finance act, 1994. ld.commissioner demanded the above amount of service tax from the appellants for the period july, 2001 ..... in indian currency by the appellants from certain overseas companies, hereinafter referred to as "reinsurers". the appellants were functioning as reinsurance brokers between general insurance companies in india and the reinsurers abroad.there is no dispute regarding the nature of the service rendered by the appellants to the reinsurers. ..... the demand of tax. ld. counsel has pointed out a subsequent amendment to the charging section under the finance act, 1994, which was brought about with effect from 1.5.06. he has conceded that, by virtue of such amendment, the service rendered by the appellants could be subjected to levy of .....

Ashok Punjabrao Chincholkar and ors. Vs. Madhukar Nagorao Sambare and ...

Court : Mumbai

Reported in : III(2004)ACC312; 2004(3)ALLMR483; 2004(4)MhLj519

..... in the case of rukmani devi v. omprakash 1991 acj 3.8. the learned counsel for the insurance company contended that amendment in the motor vehicles act was introduced in the year 1994 and section 163a has been introduced by amending the act 54 of 1994 which came into force from 14-11-1994. he contended that this accident occurred on ..... is applicable to determine the liability on the date when the accident has occurred, as is held by the division bench of this court in oriental fire and general insurance co. v. hemlata and ors. (cited supra). that does not mean that the court cannot take into consideration the various factors for choosing the suitable multiplier and ..... tribunal ought to have applied the multiplier of 18 years purchase factor as is held by the honourable supreme court in the case of sumesh v. national insurance co., judgment today 2002 (i) sc 451.7. he contended that laxmibai was doing business of washing and ironing the clothes of the customers and her monthly income was not .....

National Insurance Company Ltd. Vs. Hema Sah and ors.

Court : Uttaranchal

Reported in : 3(2005)ACC437

..... of motor vehicles act, 1939, the liability of insurance company is limited in respect of one accident only to rs. 50,000/-, and for individual, passenger, it is up to rs. 5,000/-. however, appellant failed to show us such clause in the policy. rather, our attention was drawn on behalf of the appellant to motor vehicles (amendment) act, 1982, which ..... came into force w.e.f. 1.10.1982. however, the said amendment was not retrospective and learned tribunal, rightly refused to apply said provision, as the accident had already taken place date 18:4 ..... principle of law laid down in new india assurance co. v. c.m. jaya i (2002) acc 299 (sc), in which it has been held that the1 liability of the insurance company under the old act was limited tinder section 95(2) of motor vehicles act, 1939. prom said judgment, if is not clear if it related to accident, prior .....