Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 15 payment of compensation where employee has failed to insure Court: delhi Page 1 of about 8 results (0.188 seconds)

M/S United India Insurance Co. Ltd. Vs. Mrs. Sudha Rani and Others

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... where insured was dragged out of his house by naxalities and sustained injuries due to beating with sticks and but ends of the guns resulted in his death, it has been held that the injury was caused by outward violence and visible means, he was done to death in violent manner and insurer ..... rail/road travel, intentional self injury, suicide or attempted suicide, ..... has been directed to pay rs.5 lakhs towards insurance amount, rs.1 lakh towards compensation ..... insurance ..... section 1: personal accident cover, if at any time, during the currency of his policy, the insured shall sustain any bodily injury ..... insured ..... insurance is to provide assistance to the person insured and his family in case of mishappening and it is a public policy for the betterment of public, but the insurance ..... act and railway act provisions and for multiple cards held by the card holder, the amount payable will be maximum sum insured ..... insurance policy issued by the appellant which was accident claim-cum-accidental ..... has no where ..... insured had been murdered and the point considered by the honble national commission was whether the death due to murder of the insured can be held to be accidental death and it has ..... has ..... injury ..... insurance ..... insured ..... has ..... injury shall within 12 calendar months of its occurrence by the sole and direct cause to the death of the insured the capital sum insured ..... insurance ..... has no legs to stand. 12. ..... insurance documents provides no assistance to determine the scope of insurance ..... insured ..... has ..... insurance company. ..... compensation ..... where ..... insurance .....

Pramila Ghai Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del

..... criminal injuries compensation board ( ..... kutoor vengavil valia madhavi amma air 1950 fc 140 the federal court pointed out that section 16 of the general clauses act has codified the well-understood rule of general law that the power to terminate flows naturally and as a necessary sequence from ..... that the council shall be a body corporate: '4.incorporation of the council the council constituted under section 3 shall be a body corporate by the name of the india nursing council, having perpetual succession and a common seal, with power to acquire property both movable and immovable and shall by the said name 'sue and be sued'(12) section 8 speaks of the officers and servants of the council and says that the council shall elect ..... lord reid says : 'the right of a man to be heard in his own defense is the most elementary protection of all and, where a statutory form of protection would be less effective if it did not carry with it a right to be heard, i would not find it ..... ' 2.the employees of these statutory bodies have a statutory status and they are entitled to declaration of being in employment where their dismissal or removal is in ..... she failed to comply with the instructions issued to her requiring her to produce the original documentary proof of her date of birth and failed to ..... insurance ..... crimea war, american civil war, the two world wars have been responsible for ..... when the crime war broke out i.n march 1854 she went with a band of devoted nurses to nurse the ..... war had ..... (28) wars expedited .....

Oriental Insurance Co. Ltd. and Others Vs. Rakesh Kumar and Others.

Court : Delhi

..... . x x x x x x x (x) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149(2) read with sub-section (7), as interpreted by this court above, the tribunal can direct that the insurer is liable to be reimbursed by the insured for the compensation and other amounts which it has been compelled to pay to the third party under the ..... permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or ..... be issued for the recovery as arrears of land revenue only if, as required by sub-section (3) of section 168 of the act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award by the tribunal ..... . in this case it has been held by hon'ble supreme court that insurance company is liable to make the payment even if the license is fake unless it is proved that owner/insured was aware that license was fake and still permitted the driver .....

Jugal Kishore Vs. Rai Singh and ors.

Court : Delhi

Reported in : [1986]59CompCas340(Delhi); 22(1982)DLT294

..... accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b)that there has been a breach of a specified condensation of the policy, being one of the following conditions, namely : (i) a condition excluding the use of the vehicle : (a)for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle ..... the main injury, on the basis of which compensation has been claimed ..... insurer, if any, against the insured is provided in section 96(4) of the act which reads as under: '96(4): if the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability) the insurer ..... insurance company has failed to place on record the documentary evidence available with it and thereforee it must be held that the liability of the insurance ..... where the vehicle is (a transport vehicle) or (d) without side car being attached, where the vehicle is a motor cycle; or (ii)a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or (iii)a condition excluding liability for injury caused or contributed to by conditions of war, civil war .....

Oriental Insurance Company Ltd. Vs. Baby Komal and anr.

Court : Delhi

..... sub-section (2) of section 96 only enables the insurance company to defend itself in respect of the liability to pay compensation on any of the grounds mentioned in sub-section (2) including that there has been a ..... must have been belief on the part of the other party in its truth; (5) there must have been action on the faith of that declaration, act or mission, that is to say, the declaration, act or mission must have actually caused another to act on the faith of it, and to alter his former position to his prejudice or detriment; (6) the misrepresentation or conduct or omission must have been ..... where the vehicle is a transport vehicle, or (d) without side-car being attached where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, ..... kali banga for any study, but it is not material in view of the fact that initial onus was on the appellant insurance company to prove breach of the terms and conditions of the policy which the appellant insurance company has failed to prove in view of the law which is well-settled.45. ..... of conditions imposed on the school so as to avail the exemption from the payment of road tax as ex.r3w2/2 which, inter alia, included that the bus .....

Orissa Co-operative Insurance Society Ltd. Vs. Santosh Gupta

Court : Delhi

Reported in : II(1997)ACC276; 1998ACJ757; 1997IVAD(Delhi)729; 68(1997)DLT204; 1998(44)DRJ230; (1997)117PLR32; 1997RLR502

..... under section ii of the contract of insurance, the company has agreed to indemnify the insured in the event of accident caused by or arising out of the use of the motor car against all sums including claimant's costs and expenses which the insured shall become legally liable to pay in respect of death of or bodily injury to any person but except so far as is necessary to meet the requirements of section 95 of the motor vehicles act 1939 the company shall not be liable where such death or injury arises ..... judgment of the hon'ble single judge holding the insurance company to be liable to pay compensation to the legal heirs of the deceased, who was a gratuitous passenger in the car involved in the accident, the appellant has filed this letters patent appeal mainly on the ground that the insurance company with which the car is comprehensively insured, is not liable to make payment of compensation in case of death of or bodily injury to a gratuitous passenger in the car. ..... under which the vehicle is used where the vehicle is [a transport vehicle], or (d)without side-car being attached, where the vehicle is a motor cycle; or (ii)a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or (iii)a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or .....

Namrata Singh and Others Vs. Director General Civil Aviation (DGCA) an ...

Court : Delhi

..... following change was brought about:- (p) in rule 22, (i) for sub-rule (1) the following sub-rules shall be substituted, namely:- * (1) in the event of death of a passenger, or any bodily injury or wound suffered by a passenger which results in a permanent disablement incapacitating him from engaging in or being occupied with his usual duties or business or occupation, the liability of the carrier for each passenger shall be ..... fifty two lacs only)section iii if answer is yes, please provide the sum insured passenger liability requiredyesamount of liability per passengerinr 50,00,000/- each for 9 passengersthird party liability limit requiredyeslimit of liabilityinr 250,00,00,000baggage liability requiredyeslimit per passengerinr 25,000/- each for 9 passengersdo you require hull war risk coveryesdo you require ..... compensation stipulated under the employee's compensation act, 1923 (in short the 1923 act ..... of the damages awarded, excluded court cost and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or ..... furthermore, uicl will make payments to the petitioners, as indicated above, within two weeks from today, failing which, simple interest at ..... well accepted principle of law that, in a case, where there is any ambiguity in the provisions of a contract of such nature (in this case an insurance contract) then, the ambiguity, in the contract, is .....

Shri Radha Kishan Sachdeva and Others Vs. Flt. Lt. L.D. Sharma and Ano ...

Court : Delhi

Reported in : 1994ACJ109

..... fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:-- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on he date of the contract of insurance a vehicle not covered by a permit to ply for ..... vehicle or a goods vehicle, or (d) without side-car being attached, where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion or; (c) that the policy is void on ..... the case of hardeo kaur v, rajasthan state road transport corporation reported in : [1992]2scr272 it has been observed at page 1263 (of air):--'we are of the view that deduction of 1/ 3rd out of the assessed compensation on account of lump sum payment is not justified. ..... held on the ground that the principal will be liable for the act of the agent and agent in this case being the driver of ..... bhardwaj, then contended that the appellants had failed to prove the identity of the driver of the offending scooter .....

Radha Kishan Sachdeva and ors. Vs. L.D. Sharma and anr.

Court : Delhi

Reported in : AIR1993Delhi324; 51(1993)DLT514; 1993(27)DRJ18

..... fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105:or (b)that there has been a breach of a specified condition of the policy, being one of the following conditions, namely :- (i)a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply ..... vehicle or a goods vehicle, or (d)without side-car being attached, where the vehicle is a motor cycle; or (ii)a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving license during the period of disqualification;or (iii)a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion or; (c) that the policy is void on ..... 1992]2scr272 , it has been observed:- 'we are of the view that deduction of l/3rd out of the assessed compensation on account of lump sum payment is not justified. ..... the vicarious liability of the principal was held on the ground that the principal will be liable for the act of the agent and agent in this case being the driver of the vehicle, in that case the owner pleaded that his car was stolen and later ..... bhardwaj, then contended that the appellants had failed to prove the identity of the driver of the offending .....

National Insurance Co. Ltd. Vs. Smt. Bela JaIn W/O Late Shri Mukesh Ja ...

Court : Delhi

Reported in : 2009ACJ1189

..... the scooterist was possessing driving licence of driving hmv and he was driving totally different class of vehicle which act of his is in violation of section 10(2) of the mv act.in the result, the appeal is allowed to the limited extent and it is directed that the appellant-insurance company though not liable to pay the amount of compensation, but in the nature of this case it shall satisfy the award and shall have the right to ..... similarly, in zaharulnisha case (supra), the apex court held that;in the light of the above settled proposition of law, the appellant-insurance company cannot be held liable to pay the amount of compensation to the claimants for the cause of death of shukurullah in road accident which had occurred due to rash and negligent driving of scooter by ram surat who admittedly had ..... vehicle is used, where the vehicle is a transport vehicle, or(d) without side-car being attached where the vehicle is a motor cycle; or(ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil ..... failed to take such a plea in the written statement, the appellant is liable to pay compensation ..... be liable for payment of compensation in a case where the driver was ..... would be 'who would fail, if no such .....