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National Insurance Co. Ltd., Rep. by Its Branch Manager, Branch Office ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... it is for covering these contingencies that gic has issued the guidelines for the insurance company for settling the claim on non-standard basis, which is as follows: 10.non-standard claims following types of claims shall be considered as non-standard and shall be settled as indicated below after recording the reasons: sr.no. ..... oriental insurance co. .....

Pampa Banik and ors. Vs. the New India Assurance Company Ltd. and anr.

Court : Kolkata

..... reported in 1971 acj 206;7) oriental insurance company ltd. v. ..... in the case oriental insurance company ltd. v. ..... banik further submits that the tribunal below should have awarded interest on the awarded sum irrespective of the fact whether there is default on the part of the insurance company in making payment within the time stipulated by award. ..... it is needless to mention that the running of interest would stop on the amount already paid by the insurance company from the date of such payment.20. ..... the insurance company is directed to pay the balance amount by issuing cheque in the names of the widow after adjusting the amount already released in favour of the appellants in accordance with the award impugned within a month from today. ..... 8,16,000/- as compensation which on appeal by the insurance company was reduced to rs. ..... the insurance company was directed to pay the said amount in a manner described in award within two months form the date of the award with a stipulation that in default of payment of such amount within the said period, interest on the ..... x/2 and the total amount of compensation payable by the insurance company should be rs. (y/2) + (x/2). ..... oriental insurance co. ..... there is also no dispute that the offending vehicle was covered by the insurance of new india assurance company ltd.4. ..... (supra), the victim was aged 35 years and was working as an assistant in the oil and natural gas commission. .....

Dipa Ganguly and anr. Vs. New India Assurance Company Limited and anr.

Court : Kolkata

Reported in : AIR2009Cal122

..... the supreme court came to the following conclusion:a conjoint reading of the above two sub-clauses of section 163-a shows that a victim or his heirs are entitled to claim from the owner/insurance company a compensation for death or permanent disablement suffered due to accident arising out of the use of the motor vehicle (emphasis supplied) without having to prove wrongful act or neglect or default of any ..... therefore, the first question that arises for determination in this appeal is even if it is assumed for the sake of argument that the driver of the taxi concerned, insured by the insurance company, with the intention of committing murder, deliberately ran over the victim in the open public place, whether the heirs of the victim will be entitled to get compensation in terms of section 166 ..... may appropriately refer to the recent decision of the supreme court in the case of oriental insurance company ltd. v. ..... admitted that with the aid of and using the vehicle insured by the insurance company, the driver of the offending vehicle committed the act in a public highway ..... as provided in section 147 of the act, the liability of the insurance company is extended, inter alia, against any liability which may be incurred by an insured in respect of death of or bodily injury to any person caused by or arising out of the use of the vehicle ..... 1734 where the apex court was dealing with a case of death an assistant working in the oil and natural gas commission who died at the age of 35 years. .....

Punj Lloyd Limited Vs. Corporate Risks India Pvt. Ltd.

Court : Supreme Court of India

Reported in : 2009(1)AWC452(SC); 2009BusLR103(SC); [2009]147CompCas203(SC); (2009)2MLJ1127(SC); 2008(16)SCALE285; (2009)2SCC301; 2008(1)LC157(SC)

..... respondent then came to the office of the appellant on 29th of august, 2005, and assured the appellant that the quote was still valid, in turn, asking the appellant to forward a letter to the oriental insurance company mentioning about the acceptance of its offer along with the provisional premium. ..... on 1st of september 2005, the appellant received a letter from the oriental insurance company informing them that the policy had been rejected as the given deadline had not been adhered to and that the sum of ..... on 25th of august 2005, the appellant confirmed the appointment of the oriental insurance company as its lead insurer through a letter addressed to the same. ..... relevant facts as emerging from the case made out by the appellant have been mentioned in a nutshell:the appellant is an engineering construction company serving customers in the hydrocarbon and infrastructure sectors in the global markets, delivering projects and services in pipelines, tankage etc. ..... the appellant immediately handed over the oriental insurance company's letter dated 25th of august 2005, and another letter dated 29th of august 2005 on behalf of the appellant to the insurance company along with a cheque bearing ..... the contract of the appellant with the oil and natural gas corporation of india obliged the appellant to arrange for insurance covering risks during the construction process in the ..... appellant was awarded a contract in the uran - trombay pipeline project with the oil and natural gas corporation of india. .....

Kapil Dhawan Vs. Chhotey Lal Gaya Prasad Trust and ors.

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) .....

New India Assurance Co. Ltd. Vs. Bhogi Rajeswari

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... is the case of the opposite party that as per the c-book, the car has been certified for use with petrol as fuel whereas from investigation report revealed that gas has been used instead of petrol, which is clear violation of the terms and conditions of the policy and therefore their repudiation is justified. 9. ex. ..... rao, chief surveyor written to the insurance company to ascertain whether cooking gas was used to drive the maruti car. ..... the registration in law amounts to the government authority grating permission to ply the vehicle and hence using of gas instead of petrol is misuse and the complainant has violated the registration itself and hence the complaint is not maintainable and prayed for dismissal of the complaint. ..... the investigators investigated the alleged accident and found that the alleged accident occurred due to use of gas instead of petrol and the investigation reports along with xerox copies of the photographs clearly shows the breach of conditions of the policy and violation under the provisions of ..... and another, iv (2004) cpj 68 (nc), wherein it was held that insurance company, cannot discard reports of various surveyors till getting a favourable report and allowed the complaint. ..... complainant submitted documents and the opposite party sent a letter dated 12.1.2001 repudiating the claim made by the complainant alleging falsely that at the time of accident, the car was with lpg gas as fuel with alteration in the vehicle for the use of the said fuel. ..... oriental insurance .....

Smt. Leelabai Gajanan Pansare and ors. Vs. the Oriental Insurance Co. ...

Court : Supreme Court of India

Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89

..... of the central laws (extension to jammu and kashmir) act, 1968 (25 of 1968) insofar as other corporations are concerned; and (g) the portugese commercial code in so far as it relates to 'sociedades anonimas';(iii) 'private company' means a company which has a minimum paid-up capital of one lakh rupees or such higher paid-up capital as may be prescribed, and by its articles,- (a) restricts the right to transfer its shares, if any; (b) limits the number ..... 'company', 'existing company', 'private company' and 'public company'(1) in this act, unless the context otherwise requires, the expressions 'company', 'existing company', 'private 'company' and 'public company' shall, subject to the provisions of subsection (2), have the meanings specified below:(i) 'company' means a company formed and registered under this act or an existing company as defined in clause (ii);(ii) 'existing company' means a company formed and registered under any of the previous companies laws specified below: (a) any act or acts relating to companies in force before the indian companies ..... next contended that oriental insurance company (oic), united india insurance company(uic) as well ..... oriental insurance company ..... oriental insurance company ..... position which emerges is that the words psus or any statutory corporation constitute one separate specific category and, therefore, to that extent he adopts the arguments advanced on behalf of the oriental insurance company ltd. ..... oriental insurance company ..... oriental insurance company .....

National Insurance Co. Ltd. Vs. Ranidevi and ors.

Court : Madhya Pradesh

Reported in : 2009ACJ1169

..... liability of payment of interest on the awarded amount was excluded by the contract of insurance that was entered into between the owner of the offending vehicle and the insurance company and if such liability was not excluded by specific term of contract of insurance, the insurance company would certainly be liable for payment of interest which liability has been fastened by the statutory provisions of sub-section (3) of section 4-a of the workmen's compensation act, ..... : (2001)illj181sc is relevant which reads as under:(5) the only contention put forth before us is that the entire liability including penalty and interest will have to be reimbursed by the insurance company and this aspect has not been examined by the learned single judge in the high court and needs examination at our hands. ..... act read with the identical provisions under the very contracts of insurance reflected by the policy which would make the insurance company liable to cover all such claims for compensation for which statutory liability is imposed on the employer under section 3 read with section 4-a of the ..... in the case of ved prakash garg's case : air1997sc3854 , the apex court has clearly stated that where the insurance company had insured the employer-owner of the vehicle against the compensation under the workmen's compensation act, it would be liable for payment of interest upon imposition against ..... case of oriental insurance co. ..... 2007 (1) tac 469 (p & h); oriental insurance co. ..... raikwar ; oriental insurance .....

National Insurance Company Vs. Jayashreeben Nandulal Nerkar (Patil) an ...

Court : Gujarat

Reported in : (2008)3GLR2004

..... it is submitted by the learned advocates appearing on behalf of the respective appellants that there can be number of disputes / objections raised on behalf of the employer and/or insurance company such as relationship of employer and employee; whether injury has been caused in an accident during the course of employment; amount of compensation; permanent partial disability etc. ..... it is submitted that unless and until the amount of compensation is determined by the commissioner for workmen compensation, there was no determined liability of the owner/employer and/or the insurance company to pay the compensation and therefore, the commissioner for workmen compensation ought to have awarded the interest from the date of determination of compensation i.e. ..... srinivas sabata reported in : (1976)illj235sc by the learned advocate appearing on behalf of the claimant, it is submitted by the learned advocates appearing on behalf of the insurance company as well as the employer that in the said decision the hon'ble supreme court has interpreted section 3 read with section 19. ..... yet in another decision in the case of oriental insurance co.ltd. v. ..... it is also further submitted that the aforesaid dispute is also covered by the hon'ble supreme court in the case of oriental insurance co. .....

Sharada W/O Bhandayya Swamy, Vs. Huchappa Chaluvadi S/O Kuppanna and

Court : Karnataka

Reported in : 2009ACJ1272; 2009(2)KarLJ538; 2008(4)AIRKarR386

..... krishnaswamy, learned counsel for the 2nd respondent insurance company contended that, tribunal is justified in reckoning income of deceased which is reflected in ex. ..... jashuben reported in 2008(2) scj 670, the facts were that one devjibhai kushalbhai rathod who was an assistant in the oil and natural gas commission, while travelling in a bus met with a road accident on 23.6.1994 and died. ..... after appeal to the high court, the matter having been carried to the apex court by the insurance company, it has been held as follows:25. ..... 2nd respondent insurance company is directed to deposit the amount inclusive of interest in the tribunal within four months from today, under an intimation to the appellants. ..... in the case of oriental insurance co. ..... srivastava was an employee in a company named gabriel india ltd. ..... the insurance company filed the appeal in the hon'ble supreme court and while deciding the appeal, the hon'ble supreme court has held as follows:this court in asha (supra) did not address itself the ..... in appeal by insurance company and claimants, it was held that claimants are entitled to compensation calculated in the case of the deceased at rs. .....