Court : Karnataka
Reported in : 2001ACJ1797
..... 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 ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular.xxx xxx xxx(3) where a certificate of insurance has been issued under sub-section (4) of section 95 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions ..... contentions raised by the learned counsel for the parties, the following are the questions which are required to be considered in the context of arguments raised by the learned counsel for the parties:(1) whether the tribunal has acted according to law in holding that there was contributory negligence to the extent of 25 per cent of the deceased or, that the accident was result of negligence solely of the driver of the vehicle tvs 50 no. aaq 920, in ..... rs. 9,00,000 as compensation with interest, as awarded by the tribunal at 9 per cent per annum from the date of application to the date of payment.out of the amount of compensation under award and the interest which has accrued uptil now, 30 per cent of that amount shall be paid proportionately to the claimants, that is widow, son and daughter of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas866(AP)
..... section requires that the insurer under the aforesaid chapter of the act must insure the person or class of persons specified in the policy against any liability arising out of death or bodily injury ..... by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed, or the either before or not later than fourteen days after the happening of the accident the ..... 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 ..... the commencement of the proceedings claiming compensation in the tribunal notify the insurer through the court of the fact ..... insurer would become entitled to implead himself as a party-respondent and oppose the claim only where the was satisfied that there was collusion between the claimant and the person against whom the claim was made or the person against whom the claim had been made had failed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ275; AIR2000MP63; 2000(2)MPHT278
..... prima facie there does not appear any prohibition under any of the provisions of the act for the insurer which has to make the payment of the award under section 163a of the aet to prefer appeal on the limited ground that in determining the amount of compensation, the computation made is not in accordance with the second schedule of the act. ..... by 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 a 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 (b) that the policy ..... person against whom the claim is made , or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing direct that the insurer who may be liable in respect of such claim, shall be impleaded as a partyto the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provision contained in subsection (2) of section 149, the right to contest the claim on all or any of the grounds that are available .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... section would suggest that an order under this section enabling an insurer to contest the claim on all or any of the grounds that are available to the insured, can be passed by the tribunal only as a sequel to the order directing impleadment of the insurer, he would pass on his being satisfied that either there is collusion between the claimant and the insured or the insured has failed ..... award under the provisions of the act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting the procedure provided under the code of civil procedure, exercising its inherent jurisdiction in that regard, referring to the provisions of section 110c and rule 297 of the ..... 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 ..... admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the insured without the written consent of the company which shall be entitled if it so desires to take over and conduct in the name of the insured the defence or settlement of any claim or to prosecute in the name of insured for its own benefits any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ2027
..... , 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(b) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular.thus, from perusal of the said section, it is clear that the insurance company can avoid its ..... so far as the liability of the insurance company is concerned, the claims tribunal has found that the vehicle was not running on petrol but it was running on lp gas, hence, the claims tribunal held that the insurance company is not liable for payment of compensation.5. ..... is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:(a) 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 for hire or reward, or(b) for organised racing and speed testing, or(c) for a purpose ..... in the present case, as there is no violation of the provisions of section 149(2) of the motor vehicles act, the insurance company cannot raise the defence about its liability. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H267; [1984]55CompCas28(P& H)
..... 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 ..... satisfied, the insurer will not be responsible to pay compensation for the bodily injury or death which ..... , it seems to be well settled that in a claim for damages for a tortious act against the tort-feasor, the insurer of the latter is neither a necessary party nor in any way liable to the claimant ..... equally authoritative is the following enunciation of law in leake on contracts:--'insurance is a contract of indemnity only; consequently, an insurer of property, upon payment of the amount due under the contract, is subrogated to the assured, that is, is considered in equity as standing order ..... 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, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); [1950]1SCR979; [1950]SuppSCR979
..... shall prevent the recovery of compensation for death or personal injury under the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance. ..... they say that if the appellants had kept the goods insured according to the agreements, they (the respondents) could have recovered the full value of the goods from the government under section 14 of the ordinance, and the appellants, having failed to do so, are liable to pay by way of damages the balance of ..... :- 'where any injury is to be compensated by damages, in settling the sum of money to be given for reparation of damages you should as nearly as possible get at that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation or reparation ..... arose in respect of damages due to the late delivery of goods shipped for a port in sweden, but which ship, owing to its unseaworthiness, was delayed in its voyage and owing to the outbreak of war under orders of the british admiralty, was directed not to proceed to the swedish port but ordered to discharge the cargo at glasgow. ..... respect of their dealings were made up and settled up to the 30th of october, 1943. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2003)ACC611; 2003ACJ611; AIR2003SC1292; 2003(3)ALLMR(SC)708; 2003(4)ALT38(SC); 2003(2)AWC1601(SC); (2003)2GLR1771; [2003(2)JCR165(SC)]; JT2003(2)SC595; 2003(2)KLT97(SC);
..... (3) where any such judgment as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908)conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent ..... it held that, even if the licence was fake, the law was that insurance company was liable to pay the compensation as they had failed to prove that the insured had deliberately committed any breach of any condition. 6. ..... 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 (b) that the policy ..... in this case the bus was being driven by the cleaner, an employee of the owner, at the time of accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2006)ACC1; 2006ACJ528; AIR2006SC577; 2006(1)AWC404(SC); 2005(3)BLJR2442; [2006]129CompCas81(SC); 2006(1)CTC222; [2006(2)JCR17(SC)]; JT2005(10)SC440; 2006(1)KarLJ342; (2006)2SCC641
..... section 167 of the 1988 act statutorily provides for an option to the claimant stating that where the death of or bodily injury to any person gives rise to a claim for compensation under the 1988 act as also the 1923 act-the person entitled to compensation may without prejudice to the provisions of chapter x claim such compensation under either of those acts but not under both. ..... be, the claims tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:--(a) 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 ..... 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(b) that the policy .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1388; 2008(2)ALLMR(SC)757; 2008(2)AWC1154(SC); JT2008(2)SC430; (2008)2MLJ1175(SC); (2008)15PLR471; 2008(2)SCALE432; (2008)7SCC416; 2008AIRSCW2035; 2008(7)SCC416; (2008)3SCC(Cri)98; 2008(3)CivilLJ698; 2008(2)Supreme144; 2008(2)LH(SC)888; 2008ACJ1388; 2008(2)SCALE432; 2008(3)KCCR1994
..... as we understand section 147(1) of the act, an insurance policy thereunder need not cover the liability in respect of death or injury arising out of and in the course of the employment of an employee of the person insured by the policy, unless it be a liability arising under the workmen's compensation act, 1923 in respect of a driver, also the conductor, in the case of a public service vehicle, and the one carried in the vehicle as owner of the goods or his representative ..... -(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 for hire or reward, 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; ..... the liability of an insurance company to recompense the owner and driver of a vehicle, who are primarily responsible for payment of compensation to a victim or dependent of a deceased arising out of use of a ..... behalf of the appellant, submitted that the tribunal committed a serious error in passing the impugned judgment insofar as it failed to take into consideration that in a case of this nature, the insurance company was not liable at all in terms of the provisions of the motor vehicles act, 1988.7. mr. .....
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