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Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 Page 4 of about 17,588 results (0.189 seconds)

Sep 26 2000 (HC)

New India Insurance Co. Ltd. Vs. Smt. Rfeeka Sultan and ors.

Court : Madhya Pradesh

Reported in : 2000(4)MPHT288

..... . madhya pradesh rajya parivahan nigam, 1990 acj 862 (mp), wherein the question was whether the claims tribunal passing an award under the provisions of the act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting procedure provided under the code of civil procedure, exercising its inherent jurisdiction in that regard, referring to the provisions of section 110-c and rule 297 of the rules, in para 15 ..... 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 not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle ..... 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 cause 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 falsely in some material particular. .....

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Feb 15 2006 (HC)

New India Assurance Co. Ltd. Vs. Shantibai and ors.

Court : Madhya Pradesh

Reported in : 2007ACJ2679; [2006(111)FLR958]; 2006(3)MPLJ530

..... compensation act, 1923 (8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this act and also under the workmen's compensation act, 1923, 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.9.now i take up section 149 of motor vehicles act ..... , 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 not allowed by the permit under which the ..... may 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 ..... 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 nondisclosure of a material fact or by a representation of fact which was .....

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Sep 27 1984 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Beasa Devi and ors.

Court : Punjab and Haryana

Reported in : I(1985)ACC160; AIR1985P& H96; [1986]59CompCas643(P& H)

..... liability in respect of the death, arising out of and in the course of his employment, of the employee of a person injured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee-- (a) engaged in driving the vehicle or (b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets ..... 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 purpose not allowed by the permit under which the vehicle is used, where the vehicle is a motor cycle ..... named person or persons 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 c) 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. .....

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Aug 17 2001 (SC)

New India Assurance Co. Ltd. Vs. Asha Rani and ors.

Court : Supreme Court of India

Reported in : 2001ACJ1847; [2001]107CompCas182(SC); JT2001(6)SC665; 2001(5)SCALE374; (2001)6SCC724

..... (i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment [other than a liability arising under the workmen's compensation act, 1923] in respect of the death of, or bodily injury to, any such employee - (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as a conductor of ..... to cover liability in respect of the death, arising out of and in the course of his employment, of the employees of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee - (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as a conductor ..... any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during 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 .....

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May 17 1982 (HC)

Jugal Kishore Vs. Rai Singh and ors.

Court : Delhi

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

..... 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 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. ..... be in a position to drive the scooter rickshaw or any other vehicle for life, that he has to support his family who has been rendered destitute, that he suffered lot of pain and agony due to the injuries, that he remained as anindoor patient from 15th june, 1969 to 8th august, 1969 in willingdon hospital where he was treated and his left foot above ankle was amputated as the same was badly crushed due ..... reading the claim petition as a whole it is apparent that the main injury, on the basis of which compensation has been claimed by the appellant, is amputation of his left leg above ..... as under : 'to what amount, if any, is the petitioner entitled by way of compensation for injuries sustained by him and from which of the respondents'.this is a comprehensive issue. ..... the act the owner, 'insurer and driver of the vehicle are liable to pay the compensation. ..... (14) learned counsel for the insurance company submits that the details of the injuries were not given by the appellant in the .....

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Aug 20 1987 (HC)

New India Assurance Co. Ltd. Vs. Avinash

Court : Rajasthan

Reported in : [1989]65CompCas404(Raj)

..... 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 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 material fact or by a representation of fact which was false in some material particular.' 4. ..... also contend that the transferor-insurance company is not responsible to redeem the compensation payable by the transferee because such defences are not contemplated under section 96(2) of the act. ..... sudrania has appeared in the witness box and stated that on account of the injuries sustained, the claimant, avinash, has suffered psychological setback which is an impediment in the matter of mental and ..... in cases where the accident occurs and the resulting injuries and damage flow without any negligence on the part of the claimant, but as a result of the negligence on the part of two or more persons, it is a case normally styled in legal parlance as ..... instant case, it is a pity that a boy of seven years has sustained such grievous injuries which have resulted in the disfiguration of the face. ..... if the claimant is guilty of an act or omission which has materially contributed to the accident and resulted in injury and damage, the matter comes within the concept of contributory .....

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Apr 13 2004 (HC)

New India Assurance Co. Ltd. Vs. Sita and ors.

Court : Rajasthan

Reported in : 2006ACJ2212

..... case, i do not find any force in the submission of the learned counsel for the appellant that the appellant can take plea of limit of liability at this stage on the plea that the insurance company can be directed to pay the compensation to the claimants only up to the extent of the amount which can be awarded to the employees under the provisions of the workmen ..... the following observation of the hon'ble apex court is relevant:if those 6 workmen when travelling in the vehicle are assumed not to have increased any risk from the point of view of the insurance company on occurring of an accident, how could those added persons be said to have contributed to the causing of it is the poser, keeping apart the load it was carrying.and the hon' ..... driving the truck rashly and negligently, he hit the trailer which was lying on the left side of the road resulting into death of dhagala ram and lumba ram and injuries to bhan- war lal and laxman nath, pyari bai and dalpat ram. ..... also submitted that even without there being any help of the said new act, the multiplier is required to be increased at least 17 in view of ..... court further held that the act (motor vehicles act) does not enjoin any statutory liability on the owner to get his vehicle insured for any passenger travelling in ..... young persons of the age of 21 and 23 years, multiplier of 17 should have been applied which will be in consonance of the multiplier provided in the second schedule framed under section 163a of the motor vehicles act, 1988. .....

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Apr 07 2006 (HC)

Sayra Devi and ors. Vs. National Insurance Co. Ltd. and ors.

Court : Rajasthan

Reported in : 2007ACJ2686

..... (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely-(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to employees (other than ..... legal representatives of deceased ghewar chand, it is also contended by the learned counsel for the appellants that the learned single judge has seriously erred in reducing the award of compensation by taking current income of the deceased to be even less than his last return of income in not considering future prospects of the deceased who was only 40 years ..... this authority is not applicable to the facts and circumstances of the instant case as, in that case, in paras 9 and 21, it was categorically held that the insurance company has charged additional premium towards public risk and its liability towards the third party is unlimited, whereas, in the present case, according to the learned counsel for the ..... , 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 nondisclosure of a material fact or by a representation of fact which was .....

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Nov 16 1925 (FN)

MargolIn Vs. United States

Court : US Supreme Court

..... on the petitioner for receiving a fee of $1,500 as compensation for services in preparing and presenting to the veterans' bureau a claim for insurance money under the war risk insurance act. ..... 98 collection of claims against the bureau of war risk insurance for death, personal injury, or detention, except when proceedings are taken in accordance with section five in a district court of the united states, in which case the judge shall, as a part of his determination and order, settle and determine the amount of compensation not to exceed ten percentum of amount recovered, to be paid by the claimant on ..... behalf of whom such proceedings are instituted to his legal adviser or advisers, and it shall be unlawful for any lawyer or other person acting ..... nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits of allowance, allotment, compensation, or insurance provided for in this act, the forms of application of those claiming to be entitled to such benefits, the methods of making investigations and medical examinations, and the manner and form of .....

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Jan 18 2007 (HC)

National Insurance Co. Ltd. Vs. Okram Subhash Chandra Singh and anr.

Court : Guwahati

..... required:(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workman's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in ..... 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 contact of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organized racing and speed testing, or(c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport ..... person or persons or by any person who is not only 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 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.11. .....

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