Court : Mumbai Nagpur
..... branch manager, oriental insurance company limited and another (2009) 13 supreme court cases 405 ..... from aforesaid evidence on record, it is clear that the work of fitting tin sheets was being done at bharat gas godown for which the appellant had given a contract to the respondent no.3. ..... he further stated that it was revealed that the work at the gas godown had been commenced without obtaining necessary permission from the concerned authorities. ..... he admitted that on 19-6-2011, work at karda rice mill as well as the gas godown was being done and the distance between both the sides was about half kilometer. ..... in his cross examination, he admitted that the work at bharat gas godown and karda rice mill was being done by the respondent no.3 as a contractor and that the deceased was engaged by him as a labourer ..... accordingly, while undertaking the work of laying tin sheets on 19-6-2011, lalchand came in touch with a live electric wire on the ceiling of the gas godown owned by the appellant and received an electric shock. ..... so also, the work had been started at the gas godown by the appellant without obtaining necessary permission. ..... it was only because the services of the deceased were engaged by the respondent no.3 that the deceased had come to the gas godown for doing the work in question. ..... the appellant who is the owner of the gas agency examined himself and stated that the deceased on his own had gone on the ceiling of the godown due to which he came in touch with a live wire and received a shock .....
Tag this Judgment!Court : Mumbai Nagpur
..... oriental insurance company ltd. ..... in the aforesaid facts it is clear that the entitlement of the claimants therein had not been disputed by the insurance company and hence no issue in that regard was framed. ..... as no such dispute was raised, the insurance company was not permitted to agitate the same. 12. ..... it was noted that no such objection was raised by the insurance company in the proceedings before the claims tribunal. ..... the claims tribunal thereafter awarded compensation which order was challenged by the insurance company by filing a writ petition. ..... the insurance company in its written statement did not dispute the locus of the society to seek compensation. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the tribunal, upon consideration of the evidence brought on record, found that there was substance in the defence so taken by the insurance company and accordingly held that at the relevant time respondent no.5 did not possess any valid and effective driving license. ..... it thus recorded a finding that there was breach of terms and conditions of the policy and, therefore, the insurance company would not be liable to pay compensation to respondents no.1 to 3, however, at the same time, the tribunal also found that the breach of the policy not being fundamental in nature, relying upon the decision of the hon'ble ..... kamal darekar and others, oriental insurance company vs. ..... pandit ade and others - 2010 (4) tac 36, directed the insurance company to first pay the compensation amount to the claimants and then recover it from the owner by its judgment and award dated 18/8/2012. ..... manisha harmalkar and others - 2011 (4) tac 691, united india insurance company vs. ..... and also the decisions of this court in the cases of united india insurance company vs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned tribunal, mainly relying upon the decision in case of oriental insurance company ltd. vs. ..... as held by our high court in case of gangavarpur cited supra, the insurance company has to indemnify the owner of the matador in this case as it is proved by the owner and claimants in this case that the deceased sk. ..... m/s adhia and company and others (1983 mh.l.j. ..... rashid, who was carrying mutton for sale from murtizapur to daryapur in the said matador for the weekly market and he was not travelling in the said matador as fare paid passenger, as claimed by the insurance company. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the motorcycle was insured with oriental insurance company limited whereas the truck was insured with united india insurance company ltd. ..... the oriental insurance company ltd. ..... it was suggested to the witness that the insurance company had handed over the book containing blank cover notes signed by officer concerned since m/s. ..... " (ii) whether the truck was insured with the united india insurance company ltd?" 3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the tractor was insured with oriental insurance company ltd. ..... in the alternative, it is contended by the insurance company that the claim is excessive and exorbitant and the claimants are not entitled for the same. ..... while, the insurance company contended that the applicants must prove by documentary evidence that the deceased was permanent driver of the vehicle as also about his monthly salary. ..... mubasir ahmed and another reported in (2007) 1 clr 683 as also in the case of oriental insurance co. vs. ..... 18.10.2012 and not from the date of application is also not acceptable because of ruling on the subject in the case of oriental insurance co. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and insurer of the jeep which was the victim vehicle, were neither proper nor were necessary parties to the claim petition in the facts and circumstances of the case after making reference to the ruling in oriental insurance co ltd vs meena variyal and others (2007) 5 scc 428the apex court made reference minumehtas case 1977 2 scc 441 (para 37) "we conclude by stating that the view of the learned judges of the high court ..... learned advocate for the appellant made reference to the ruling in the oriental insurance company vs meena variyal reported in (2007) 5 scc 428 to submit that the contract of insurance is contract of indemnity between the insurance company and the insured . ..... accordingly, the compensation shall be paid by the respondents/insurance company to the appellants along with just interest @ 9%, to be calculated from the date of filing of claim petition till realization. ..... of the motor vehicle act that the driver was negligent to drive the vehicle resulting in the motor vehicle accident and the owner of the offending motor vehicle is vicariously liable and that the insurance company is bound to indemnify the owner. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in that regard, reliance was placed on the judgment of the supreme court in oriental insurance company limited vs. ..... a similar question was considered by the supreme court in the national insurance company limited (supra) wherein it was observed that under section 140 of the act of 1988, the liability to pay compensation arises even if 'no fault' is established against the driver or owner of the vehicle. ..... considering the law as laid down by the supreme court in national insurance company limited (supra), the reliance placed on the decision in safiyabi pathan (supra) is misplaced. .....
Tag this Judgment!Court : Mumbai Nagpur
..... judgment and order dated 27.03.2003 passed by the motor accident claims tribunal at nagpur in claim petition no.575 of 2002 is quashed and set aside to the extent it holds the insurance company liable to pay compensation jointly and severally along with the owner of the vehicle. ..... this witness has stated in her cross-examination, at the instance of the insurance company and also of the owner of the vehicle that the son of the owner was a friend of the deceased and she has not produced any document showing her son s employment with the owner ..... the deceased himself is to be blamed for the accident without involving the motor vehicle other than the one which he was driving, there is no liability of the insurance company to indemnify such risk unless it is covered by the terms of the contractual policy. ..... person (including an owner of the goods or his authorised representative) carried in the vehicle or damage to any property of a third person caused by or arising out of the use of the vehicle, section 147 does not require an insurance company to assume risk for death or bodily injury to the owner of the vehicle. ..... shri kukday, the learned counsel appearing for the appellant insurance company has urged that the claim under section 166 of the motor vehicles act, at the instance of the dependents of the deceased driver of the insured vehicle dying because of his own rash and negligent driving ..... apex court in its decision in the case of oriental insurance co. ..... case of oriental insurance co. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is, therefore, evident from the discussions made hereinbefore that the liability of the insurance company to satisfy the decree at the first instance and to recover the awarded amount from the owner or driver thereof has been holding the field for a long time. ..... no serious prejudice has resulted from the impugned award directing the insurance company to satisfy the award and then to recover the amount along with amount of no fault liability from the insured by filing execution proceedings as contemplated under the act and after obtaining necessary certificate, if necessary, from ..... the amounts deposited by the insurer/appellant company in this court shall now be sent to the motor accident claims tribunal so as to adjust the same towards payment in the execution proceedings till the execution of the award. ..... the insurance company, therefore, in our opinion, was not bound to reimburse him in terms of contract of insurance. "7. ..... in para 21, it is observed that thus : " in terms of section 149 of the act, the insurance company would be liable to pay the awarded amount to the claimants provided that the accident is covered by the terms of the policy, although the burden in respect thereof would be on the insurance company."6. ..... oriental insurance co. .....
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