Court : Allahabad
..... 2 and 4, the tribunal held that it was established that the vehicle in question, namely, the aforesaid truck was insured with the appellant-insurance company at the time of the accident but it was not established that the vehicle in question was plied under proper valid permit and fitness certificate and by the driver having valid ..... reiterated that as the vehicle in question (truck) was being plied by the driver without proper driving licence, route permit and fitness certificate, the appellant-insurance company would be liable to pay the amount of compensation with recovery right against the owner of the vehicle in question (rajesh kumar-respondent no.2 herein). ..... in view of the above provisions, we are of the opinion that the directions given by the tribunal requiring the appellant-insurance company to make the deposit of compensation awarded under the impugned award and thereafter recover the same from the owner of the aforesaid vehicle in question, is in accordance with law, and the same does ..... , further pleaded by the appellant-insurance company that the alleged loss occurred due to the goods owned by ram purna gas agency and indian oil corporation ltd. ..... in oriental insurance company ltd ..... the subsequent decision oriental insurance co.ltd ..... conclusion is supported by various decisions of the apex court: 1.oriental insurance co.ltd. v. ..... shanker amist has relied upon the following decisions in this regard:-- 1.oriental insurance company ltd. v. ..... in oriental insurance ..... 2 oriental insurance .....
Tag this Judgment!Court : Allahabad
..... 2 and 4, the tribunal held that it was established that the vehicle in question, namely, the aforesaid truck was insured with the appellant-insurance company at the time of the accident but it was not established that the vehicle in question was plied under proper valid permit and fitness certificate and by the driver having valid ..... reiterated that as the vehicle in question (truck) was being plied by the driver without proper driving licence, route permit and fitness certificate, the appellant-insurance company would be liable to pay the amount of compensation with recovery right against the owner of the vehicle in question (rajesh kumar-respondent no.2 herein). ..... in view of the above provisions, we are of the opinion that the directions given by the tribunal requiring the appellant-insurance company to make the deposit of compensation awarded under the impugned award and thereafter recover the same from the owner of the aforesaid vehicle in question, is in accordance with law, and the same does ..... , further pleaded by the appellant-insurance company that the alleged loss occurred due to the goods owned by ram purna gas agency and indian oil corporation ltd. ..... in oriental insurance company ltd ..... the subsequent decision oriental insurance co.ltd ..... conclusion is supported by various decisions of the apex court: 1.oriental insurance co.ltd. v. ..... shanker amist has relied upon the following decisions in this regard:-- 1.oriental insurance company ltd. v. ..... in oriental insurance ..... 2 oriental insurance .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC831
..... under the agreement, therefore, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive the aforesaid amounts towards its remuneration ..... the agreement, the appellant had the right to manage the oriental gas company for a period of 20 years and to receive remuneration for ..... necessary in this case to decide whether under the said agreement the appellant was constituted as agent or managing agent or a servant of the oriental gas company. ..... into an agreement dated july 24, 1918, with respondent no, 5 in regard to the management of the oriental gas company. ..... enforceable as fully and effectively as if instead of the company the state of west bengal had been named therein or had been a party thereto:under the said section, with effect from the appointed day and for a period of five years thereafter, the management ..... contracts, excluding any contract or contracts in respect of agency or managing agency, subsisting immediately before the appointed day and affecting the undertaking of the company shall cease to have effect or to be enforceable against the company, its agents or any person who was a surety thereto or had guaranteed the performance thereof and shall be of as full force and effect, against or in favour of the state of west bengal and shall be ..... calcutta gas company (proprietary) .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(111)FLR237]
..... /iim which are recognized institutes of all india standing or master in computer applications of recognized university or chartered financial analyst (cfa) qualification from the institute of chartered financial analyst of india or associate of institute of company secretary (acs) qualification from the institute of company secretaries of india; shall be allowed to appear for not more than 3 occasions in the entire period of service for the competitive examination for departmental staff and those securing at least 60 % marks (50% marks ..... it is wholly owned and controlled by central government under the provisions of general insurance business (nationalization) act, 1972 and m/s oriental insurance company limited is obligated to act in the discharge of its function as per direction issued by the central government with regard to matters involving public interest and policy. ..... being a public sector general insurance company duly incorporated under the companies act, 1956 is bound by the rules and regulations framed by the board of directors of general insurance corporation of india of which the oriental insurance company limited was a subsidiary company. ..... brief facts giving rise to instant writ petitions are that m/s oriental insurance company limited is a constituent company of general insurance corporation of india. ..... it has also been contended that oriental general insurance company ltd. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC1969
..... schedule, or any part of such property, be destroyed or damaged by : (1) fire including fire resulting from explosion ;(2) lightning ;(3) explosion of boiler used for domestic purposes only ;(4) explosion of gas used for domestic purposes only or for lighting or heating in a building not forming part of any gas works ;at any time before 4 o'clock in the afternoon of the last day of the period of insurance named in the said schedule or of any subsequent period in respect of which the ..... the policy contains the following stipulation with regard to the payment of compensation in the event of happening of destruction of the stock of jute insured :'the company agrees (subject to the conditions contained herein or endorsed or otherwise expressed hereon which conditions shall so far as the nature of them respectively will permit be deemed to be conditions precedent to the right of the insured to recover hereunder) ..... insured shall have paid and the company shall have accepted the premium required for the renewal of the policy, the company will pay to the insured the value of the property at the ..... , it does not appear that the agreement between the claimant and the insurance company contained any stipulation like the one in the present case.9. ..... oriental .....
Tag this Judgment!Court : Allahabad
..... the insurer has been able to establish that the insured has committed a breach of contract of insurance as envisaged under sub-clause (ii) of clause (a) of sub-section (2) of section 149 of the act, the insurance company shall be entitled to realise the awarded amount from the owner or driver and the vehicle, as the case may be, in execution of the same award having regard to the provisions of sections 165 and 168 of the ..... in such a situation, the insurer is not confined to contesting the appeal only on the statutory defences available under section 149 (2); and (iv) where the insurance company has already been impleaded as a respondent, either by virtue of its being impleaded as a party by the tribunal under section 170 [covered by (ii) and (iii) above] or as a party respondent by the claimants in the claim petition, it ..... an order dated 19 january 2007 in national insurance co vs roshan lal (slp(c) no 5699 of 2006), in the light of an argument raised before a two-judge bench that a direction ought not to be issued to the insurance company to discharge the liability under the award first and then recover it from the owner, the matter has been referred to a larger bench. ..... " (id at para 13, p 523) (emphasis supplied) the same principle was adopted in the decision of the supreme court in oriental insurance co ltd vs nanjappan (air 2004 sc 1630) in which the supreme court issued following directions: "...for the purpose of recovering the same from the insured, the insurer shall not be .....
Tag this Judgment!Court : Allahabad
..... learned counsel for the appellant that it is a case of composite negligence but later on, it is stated to be a case where the truck driver has been alleged to be negligent and, therefore, the liability cannot be fixed upon the insurance company, has to be appreciated in the light of the law laid down by the apex court in the cases stated hereinabove, wherein the principles have been laid down as regards composite negligence, in which it has been found by ..... counsel for the appellant has placed reliance upon a judgment of the apex court in the case of oriental insurance company ltd. vs ..... was being driven by the driver sarveshwar tripathi and one employee of his company, namely, sharad nigam was also travelling alongwith him in the said car. ..... further alleged that the deceased was illegal occupant of a private car and the insurance company is not liable for his death in an accident while travelling in that car. ..... 06.02.2007 till payment, failing which, the insurance company has been directed to pay penal interest @ 9% ..... counsel for the appellant has also submitted that the wife of the deceased has got compassionate appointment and she was an earning member and salary was being paid to her by the company in lieu of compassionate appointment ..... certificate, income tax form-16, private car insurance 'b' policy format and c.t.c. statement, proceeded to hold that the driver of the car was driving negligently, on account of which, death occurred and hence the insurance company is liable to pay compensation .....
Tag this Judgment!Court : Allahabad
..... there is no dispute about the fact that the against the award of motor accident claim tribunal, insurance company can file an appeal under section 173 of the act. ..... 24 of 2011 was registered on an application 3 ga filed by the insurance company for review of the award dated 29.1.2011. ..... the petitioner insurance company had to challenge the award dated 29.1.2011 before the competent court of law. .....
Tag this Judgment!Court : Allahabad
..... oriental insurance company ltd. ..... the commissioner held that accident had taken place during and in the course of employment and since the vehicle had been used for the purpose of loading, the insurance company was liable to indemnify the award. ..... hence the insurance company is liable to pay the compensation payable under the workman's compensation act. ..... the insurance company has no locus to raise this plea. ..... branch manager, oriental insurance co. ..... national insurance company ltd. .....
Tag this Judgment!Court : Allahabad
..... in the case in hand, the tribunal has awarded simple interest at the rate of 7% per annum from the date of making of the application and in view of the discussions made hereinabove, the mere fact that insurance company was impleaded in the proceedings at a later stage, will have no effect whatsoever and, thus, the second argument advanced on behalf of the appellant also devoid of merit and is liable to be rejected. ..... the claimant is entitled to grant of interest from the date of making of the claim, which is to be paid by the owner of the offending vehicle, who has to be indemnified by the insurance company vide section 149 of the motor vehicles act, 1988, the mere fact that the insurance company was impleaded in the proceedings at a subsequent stage, will have no effect whatsoever on the right of the claimant for being awarded interest from the date of making of the ..... both the vehicles involved in the accident were insured by the appellant-oriental insurance company ltd. 2. ..... it is next submitted that since the insurance company was subsequently impleaded in the proceedings, as such, the tribunal is not justified in awarding interest to the claimants with effect from the date of filing of the claim petition. 4. ..... this fafo filed by the appellant insurance company is directed against the judgment and award dated 15.01.2015 passed by motor vehicles accident claims tribunal/ additional district and sessions judge, court no. ..... national insurance company limited and ors. .....
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