Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 4 limitation on right to receive compensation otherwise than under this actand ordinance 7 of 1941 Page 1 of about 16 results (0.086 seconds)

Oriental Insurance Co. Ltd. Vs. Mohan Kanwar and ors.

Court : Rajasthan

Reported in : 2007ACJ420

..... .r.t.c. bus, he met with an accident having been hit by another truck and died because of injuries sustained in such accident and the claim for compensation is maintained only against the driver, owner and insurer of the offending truck. this court is clearly of opinion that these persons related to the truck and representing an ..... in the case particularly about the cause and liability towards accident, the quantum of compensation and as to whether the non-applicants were not liable for compensation in view of the objections taken in the reply?5. in oral evidence claimants examined mohan kan war (wife of the deceased) as aw 1, aman singh, aw 2 and anop ..... the claimants has further submitted that all the cases sought to be relied upon by the insurer relate to the claim for compensation from the employer and have no application to the facts of the present case. the learned counsel mr. pan-war submitted that the correct principles applicable to the present case would be as available from .....

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

..... . [ footnote 33 ] see notes 36 and 37 and text [ footnote 34 ] see 3 and 4 of the clarification act,. these relate to payment of just compensation for vessels requisitioned, war risk insurance, limitation of liability for the war shipping administration, and other miscellaneous matters. section 1 of the act provided that the seamen, "because of the temporary wartime character of their employment by the ..... , subsistence, repatriation, travel expense, loss of personal effects, maintenance, cure, vacation allowances, damages or compensation for death or personal injury or illness, and insurance premiums, required to be paid by law, custom, or by the terms of the ship's articles or labor agreements, or by action of the maritime war emergency board. . . ." (emphasis added.) the general agent service agreement provides that officers and .....

Miller Vs. United States

Court : US Supreme Court

..... the loss of one hand and one eye "shall be deemed to be total permanent disability under yearly renewable term insurance." succinctly stated, petitioner contends (1) that 302, as amended, applies to war risk insurance as well as to compensation allowances; (2) that regulation 3140 is within the power of the administrator of veterans' affairs (who succeeded the ..... honorably discharged april 3, 1919. on january 22, 1918, there was issued to him a war risk insurance policy by the terms of which he was entitled to receive $57.50 per month in the event of his sustaining injuries causing total and permanent disability. no premiums were paid after the date of his discharge, and ..... . at the conclusion of the evidence before the trial court, the judge sustained a motion of the government for a directed verdict on the ground that the injuries did not, as a matter of law, result in total and permanent disability. verdict and judgment followed accordingly. the court of appeals affirmed the judgment, 71 .....

Bhagwandas and anr. Vs. National Insurance Co. Ltd. and anr.

Court : Madhya Pradesh

Reported in : 1990ACJ495

..... his wife rajuka and a sum of rs. 2,03,000/- as compensation for his injury.5. the cases were contested by the truck owners and the national insurance co. ltd. which had issued a comprehensive insurance in their favour in respect of the truck in question and the insurance policy was in force on the date of the accident. it covers third ..... 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 (c) that the policy is void on the ground that it was obtained by the non-disclosure of a ..... left unattended so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to .....

National Insurance Co. Ltd. Vs. Krishnan

Court : Chennai

..... is covered under a comprehensive/package policy, there is no need for motor accident claims tribunal to go into the question whether the insurance company is liable to compensate for the death or injury of a pillion rider on a two-wheeler or the occupants in a private car. in fact, in view of the tacs ..... or remotely occasioned by or contributed by or traceable to or arising out of or in connection with war, invasion, the act of foreign enemies, hostilities or warlike operations (whether before or after declaration of war), civil war, mutiny rebellion, military or usurped power or by any direct or indirect consequences of any of the ..... said occurrences and in the even of any claim hereunder the insured shall prove that the accidental loss damage and/or liability arose independently of .....

Lumbra Vs. United States

Court : US Supreme Court

..... u. s. 93 ; stevens v. the white city, 285 u. s. 195 , 285 u. s. 204 . affirmed. [ footnote 1 ] compensation for death or disability resulting from personal injuries suffered or disease contracted in the line of duty was provided by article 3, act of october 6, 1917, 40 stat. 405, as amended. the grant ..... such as that suffered march 1, 1923, and later, are not curable. the war risk contract unqualifiedly insures against "total permanent disability." the occasion, source, or cause of petitioner's illness is therefore immaterial. [ footnote 2 ] his injuries, exposure, and illness before the lapse of the policy and his condition in subsequent ..... former occupation, that the degree of vocational handicap was negligible, and that vocational training was feasible. january 17, 1921, petitioner verified an application for compensation stating that he was suffering from bronchial troubles, rheumatism, and nervousness which commenced about a year earlier and were caused by gas and exposure in france .....

United India Fire and General Insurance Co. Ltd. Vs. Maddali Susheela ...

Court : Andhra Pradesh

Reported in : [1983]53CompCas269(AP)

..... highways as they are today. compensation for injuries sustained by reason of motor vehicles irrespective of fault is a burden that can well be distributed among all those for whose benefit the highways have been developed.'147. friedmann in his law in a changing society devoted chap. 5 to 'tort, insurance and social responsibility'. the following ..... the appalling toll on the roads. it might be likened to a civil war, unending and growing in severity, in which the casulties in peace may exceed those in war......no doubt the original justification of the 'fault' concept was to prevent injury by punishing the wrongdoer...but today, punishment of one wrongdoer by awarding ..... damages are compensatory only. such a view is plainly inconsistent with any theory of deterrence.129. lord denning says in browning v. war office [1963] 1 qb 750.'the award of damages is made to compensate him, not to punish the wrongdoer. that is now settled by british transport commission v. gowley [1956] ac 185.'130. .....

National Insurance Co. Ltd. Vs. Smt. Santro Devi and ors.

Court : Punjab and Haryana

Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667

..... i.e. where one is not liable for the conduct but for an event. as is the case in hand, the insurance company is liable to the third party to reimburse or compensate for the damage suffered on account of injuries caused by the use of a motor vehicle by its rash and negligent driving. it was observed, by hon'ble the supreme ..... 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 ..... vehicle to be left unattended so that it happens to be driven by an unlicensed driver. the exclusion clause has to be read down in order that is not at war with the 'main purpose' of the provision enacted for the protection of the victims of accident so that the promisor is exculpated when he does every thing in his .....

Krishni and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Reported in : I(1997)ACC251

..... of this court held that in the case of a passenger being carried by the owner of the car, insurance company is not liable for payment of compensation in respect of injuries sustained by such passenger though he is entitled to recover compensation from the owner. reliance has also been placed by mr. deepak gupta on cases reported in machiraju visalakshi ..... , of 'reading down' of the exclusion clause in the insurance policy to the extent that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of the accident, that is, to ensure them a quick payment of the compensation by the insurance company, because it was for this purpose and not for ..... unattended so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to .....

United States Vs. Spaulding

Court : US Supreme Court

..... temporary nature: infection of left antrum and malocclusion of the teeth." and, on that day, he certified that he had the following disabilities entitling him to compensation under the war risk insurance act: infection of the left antrum, malocclusion of the teeth, stomach trouble, and heart murmur. he made no claim that he had become totally and ..... "in my opinion at the time i first examined him and since that time, he has not been capable of continuously carrying on a substantially gainful occupation without injury to his health." the doctor thought that, under proper treatment, respondent could live a long time. "i would put him in bed and keep him there. ..... service. the medical officers noted their opinion that the nephritis was due to toxic materials absorbed from the antrum, and that infection of the antrum resulted from injuries sustained in the airplane crash. he was found "not physically qualified for active duty in the navy by reason of the following physical defects which are of .....