Court : Mumbai
Reported in : AIR1994Bom209; 1994(4)BomCR297; 1995(2)MhLj127
..... ' pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy.a reading of the definition of 'marine insurance' contained in the marine insurance act of 1963 and 'marine insurance business' contained in the insurance act of 1938 clearly goes to show that in the insurance act of 1938, the expression 'marine insurance business' has been used in much wider sense to mean the business of effecting contracts ..... 'the merine insurance act of 1963 which has codified the law relating to marine insurance defines 'marine insurance' in section 3as under:'a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure. ..... ) every decree or final order of any civilcourt,by which property, whether moveable or immoveablc, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos, and which is not' otherwise specifically provided for by schedule 1;explanation -- an instrument whereby'a co-owner of any 'property transfers his interest to another co-owner of the property and which is not an instrument of partition, shall, for the purposes of this clause; 'be deemed to be an instrument by which property is transferred inter .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300
..... 2(b) is concerned, the learned judge noticed the definition of 'constructive total loss' as contained in section 60 of the marine insurance act, 1963 and opined:there is no 'express provisions' to the contrary in the said policy and as such it cannot be disputed that there has been constructive total loss of the said ..... it was submitted that having regard to sub-section (4) of section 78 of the marine insurance act, the insured had a duty to minimize the loss and only in that view of the matter, respondent extended its assistance which cannot be said to be an admission of its ..... this rule applies to contracts of insurance and clause 5 of the insurance policy even after reading the entire policy in the present case should be construed against the insurer.section 60 of the marine insurance act defines 'constructive total loss' in the following ..... drawing our attention to section 78 of the marine insurance act, he would submit that the division bench of the high court has rightly construed the words 'any ..... suit having been filed on 7th august, 1992 was within the period of limitation in terms of article 44 of the schedule appended to the limitation act, 1963, the relevant portion whereof is as under:description of suit period of limitation time from which period beings torun(a) ***(b) on a policy of insurance three years the date of the occurrence causingwhen the sum insured is payable the loss, or where the claim on theafter proof of the loss has been policy is denied, either partly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2938; 1997(2)BLJR1720; [1998]92CompCas426(SC); JT1997(6)SC211; (1997)117PLR870; (1997)6SCC383; [1997]Supp1SCR750
..... reference was drawn to section 51 of the marine insurance act, 1963 providing for an excuse for deviation or delay. ..... the policy has been assigned in favour of the complainant, marine insurance act provides for assignment of policy. ..... it is not necessary for us to examine in depth various provisions of the marine insurance act as in the present case we are primarily concerned with the provisions of the consumer protection act. ..... we are looking at the whole thing form the point of the consumer under the act with reference to certain relevant provisions of the marine insurance act. ..... of the policy.the provisions of the marine insurance act and terms of the policy have to be read in the context of definition of 'consumer' as contained in clause (d) of section 2 of the act. ..... since at the time when the complaint in the present case was filed section 24a was not there, we, therefore, fall back from the provisions of the limitation act, article 44 of schedule to the limitation act, in relevant part, is as under:---------------------------------------------------------------------- description of suit period of limitation time from which period begins to run ---------------------------------------------------------------------- 44. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad48
..... we may here point out that section 135-a of the transfer of property act and section 79 of the marine insurance act, 1963 which replaced the former are just verbatim reproductions of section 79 of the british marine insurance act, 1906. ..... it was originally expressed in sections 130-a and 135-a of the transfer of property act, and this concept is now embodied in section 79 of the marine insurance act, 1963, which repeals those sections of the transfer of property act. ..... which apply to the cases on hand are now found in section 79 of the marine insurance act, 1963, which repeals sections 130-a and 135-a of the transfer of property act. ..... section 130-a of the transfer of property act provides when and how a policy of marine insurance may be transferred, and section 135-a with the subrogation which we are concerned runs thus:--"(1) where a policy of marine insurance has been assigned so as to pass the beneficial interest therein, the assignee of the policy is entitled to sue thereon on his own name; and the defendant is entitled to make any defence arising out of the contract which he ..... since all the parties are presumed to know the law, the intention is that insurers, who are parties to a policy of marine insurance, which is a contract of indemnity, should be careful to see that, if they desire to sue the board, as standing in the shoes of the assured, they are able to demonstrate a total right to do so, including payment, in whole or in part, to the assured, within a .....
Tag this Judgment!Court : Kolkata
Reported in : II(1988)ACC200,AIR1988Cal168,[1989]65CompCas55(Cal),92CWN205
..... therefore, i think on the general principle of subrogation or the subrogation as contemplated in section 79 of the marine insurance act, 1963 the insurer can have only the rights and remethes of the assured and cannot claim any higher or better right which the assured did not have.14. ..... in my view, under section 52 of the marine insurance act, 1963 assignment of marine insurance in favour of the insurerwho issued the policy, is not contemplated. ..... roy mukherjee contends that had there been no subrogation as contemplated in section 79 of marine insurance act, 1963 the plaintiff 1 could not have maintained the suit. ..... therefore, in my view, the only relevant section of the marine insurance act, 1963 applicable' to the instant case is section 79 which speaks of right of subrogation. ..... section 79 of the marine insurance act, 1963 provides that where the insurer pays for a total loss either of the whole, or in case of goods of any apportionable part, of the subject-matter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter ' so paid for, and he is thereby surrogated to all the rights and remethes of the assured in respect of that subject- ..... deb the said letter of subrogation is not merely a subrogation within the meaning of section 79 of the marine insurance act, 1963. ..... roy mukherjee has referred to section 79 of the marine insurance act, 1963. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR329; 2007(2)BomCR482; [2006]134CompCas148(Bom)
..... of the respondents earned counsel drew our attention to the provisions of the marine insurance act, 1963. ..... of that act sets out that a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure. ..... upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever or board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship of vesse1; and(b) includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning ..... of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the ..... of july 19, 1988, in respect of the policy set out therein, it was mentioned that it would be chargeable under article 47a(1)(i) and 47(2)(iii), of schedule i. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2005Cal97
..... under section 2(a) of the marine insurance act, 1963, a 'contract of marine insurance' means a contract as ..... . importers and exporters marine insurance company, 29 com cas 202, on a policy insuring against 'mine risks only including missing,' it was not enough for the insured merely to prove that the sailing vessel in question was missing, but it was enough that he proved prima facie that the vessel during the voyage had not experienced any marine peril which would be likely to ..... as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or (2) in case of damage to a ship, where she is so damaged by peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired; or (3) in case of damage to goods, where the cost of repairing the damage and forwarding the goods to their ..... an additional premium if required by the underwriters, either--9.1 until the goods are sold and delivered at such port or place or unless otherwise specially agreed, until the expiry of 60 days after arrival of goods hereby insured at such port or place, whichever shall first occur, or9.2 if the goods are forwarded within the said period of 60 days (or any agreed extension therein) to the destination named herein or to any other ..... of occurrence causing the loss, or the date of denial of the claim partly or wholly (article 44(b), 1st division, part ii of the schedule of the limitation act) .....
Tag this Judgment!Court : Kolkata
Reported in : 1997ACJ1170,AIR1997Cal179
..... 'valued policy' and 'unvalued policy' have been explained in the marine insurance act, 1963 ('the said act' for short).26 ..... the courts as a matter of practice have applied the proisions of the english marine insurance act to cases such as the present case for the purpose ascertaining the extent of liability of an insurer under its policy of insurance wherever the 'same can be made applicable ..... . (c) lastly, that section 46 of the insurance act, 1938, does not confer any right on the petitioner as a policy-holder to invoke the writ jurisdiction ..... 2 to 5 however took a preliminary objection that the present writ application is not maintainable on the foll lowing grounds : --(a) as the aforesaid insurance policy was a contract between the respondent company and the petitioner the same is not amenable to the writ jurisdiction of this court; (b) as a corollary to the aforesaid, it cannot be said that in the instant ..... survey report submitted by the 6th respondent the aforesaid factors havebeen duly taken into account in assessing the insurable value of the said insured truck and the same has accordingly been determined by him in the sum of rs ..... although the chance of recovery of the vehicle is remote for the time being the insurer may pay 90% of the assessed loss' against indemnity bond from the bank and the final payment should be made after receipt of the ..... . in the schedule to the said insurance policy, forming its part, the carrying capacity of the insured truck as well as the premium paid by the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3212
..... it would be appropriate to reproduce the relevant provisions of section 8 & 24 of the marine insurance act, 1963 here:8. ..... lost and unless there was an allegation of fraud and fraudulent withholding of information by the assured and the fact of loss of goods having already been within his knowledge, such contract under 'lost or not lost' marine insurance policy saved the coverage in favour of assured and in the present case since there was nothing on record to establish that the plaintiff was even aware in any manner of the loss of goods in the total loss ..... mandhana, learned counsel appearing for the plaintiff respondent was at pains to support the impugned decretal judgment dated 31.3.1981 on the ground that the special enactment in the form of the marina insurance act, 1963 would prevail over the general law contained in indian contract act and section 20 of the contract act was of no avail to the appellant insurance company. ..... on 11.6.1976, apparently in ignorance of the total loss accident of the said fateful ship 'naran pass', the plaintiff respondent obtained a marine insurance policy called 'lost or not lost', a contract of 'uberrimae fidei', a contract of utmost good faith on 11.6.1976. ..... the insurance policy of 'lost or not lost' issued in accordance with the terms of the contract specified in the schedule to the said act of 1963 clearly envisages coverage of insurance of loss even if such loss has occurred prior to issuance of the insurance policy. .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]94CompCas141(Kar)
..... accruing under section 79 of the marine insurance act, 1963, nor does it bar the filing of a suit by the insurance firm, namely, which stands subrogated ..... marine insurance act, 1963 ..... marine insurance act, 1963, as per section 79 a right of subrogation has been conferred on the insurer ..... september 2, 1998) and connected cases, decided on september 2, 1998, the regional manager of the present respondent-company being the other principal officer of the insurance corporation, who could be expected to be conversant with the facts of the case and would depose to them necessarily has been held as the proper person ..... to the provincial small cause courts act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.' 18. ..... act extends, or whose places of business in the said territories are situated in areas to which, by notification under section 56, the chapter does not apply, or(b) to any suit or claim or set-off not exceeding one hundred rupees in value which, in the presidency towns, is not of a kind specified in section 19 of the presidency small cause courts act, 1882 (15 of 1882), or outside the presidency towns, is not of a kind specified in the second schedule .....
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