Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 Page 7 of about 17,588 results (0.137 seconds)

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

Court : Delhi

..... of the second schedule is concerned, the 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 rs.7,50,000, if the passenger is 12 ..... learned counsel relied upon the notification dated 30.03.1973, issued under the 1972 act, to contend that the maximum compensation which was payable under the 1972 act, was 7.50 lacs, which, according to him, had been enhanced vide notification ..... four crore and 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 pa for pilotsyes, inr 50,00,000/-do you require lol for pilotsnoflight to be ..... the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the .....

National Insurance Co. Ltd. Vs. Gouri Sen Gupta and ors.

Court : Guwahati

..... ; 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 false in some material particular.sub-section (2) of section 149 of the 1988 act extracted above would show that the insurer cannot defend the action brought by a claimant on the ground that the quantum of compensation claimed by him has no nexus ..... this reasoning overlooks the fact that the compensation that is determined by the tribunal is one that is payable by the person who has caused the injury to the deceased or the injured and that the liability of the insurer is only to indemnify the insured who has caused the injury as per the terms of the insurance policy and so far as the insured is concerned, he has the right as an adverse party to cross-examine the witness on the point of income of the deceased or injured. ..... 1, the claimant, on the other hand, submitted that sub-section (2) of section 149 of the 1988 act specified the grounds on which the insurance company can contest a claim for compensation under section 166 of the 1988 act and that the insurance company can therefore only put such questions in course of cross-examination of a witness which will be relevant to the said grounds specified in sub-section (2) of section 149 of the 1988 act. .....

National Insurance Co. Ltd. Vs. Nani Gopal Roy and anr.

Court : Guwahati

..... 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 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. ..... the workman is continued in the employment and is paid the regular wages as before will not matter for what is to be seen is not whether he has lost something but whether because of the injury he will be able to earn the same wages in future with another employer in other words, whether any other employer will, with his such incapacity or disability, hire his services on the same ..... act, 1988 (as amended in 1994) are also available to the insurer in workmen's compensation act ..... the question, whether a workman who suffered injury in the course of an employment could be denied compensation on the ground that there has been no loss of earning capacity as he continued to draw the same wages, also came up for consideration before ..... the question whether a workman, who suffered injury in the course of his engagement could be denied compensation on the ground that there has been no loss of earning capacity and that he continued to draw the sane wages came up for consideration in a number of cases and it will suffice our .....

Safiyabi Wd/O Jamilkhan Pathan and Others Vs. Wamanrao S/O Anandraoji ...

Court : Mumbai

Reported in : I(1998)ACC133; 1997ACJ906; 1998(2)BomCR420; (1998)IIILLJ1087Bom; 1997(1)MhLj834

..... section 110-a-a (section 167 of the new act) of motor vehicles act, 1939, reads as under :'notwithstanding anything contained in the workmen's 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.'6. ..... under the provisions of workmen's compensation act, the commissioner has to make an enquiry as to whether the insured or the deceased received injuries or died during the course of employment. ..... 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 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.'8. .....

The United Fire and General Insurance Co. Ltd. Vs. P. Parvathamma

Court : Andhra Pradesh

Reported in : AIR1981AP227

..... 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(c) that the policy it 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 particulars. ..... section 96 (1) of the act, the law lays it down that the insurer should atisfy judgments of compensation passed by the tribunals against persons insured by the insurer even though the insurer was not directly, liable ..... but it was stated:'subject to the limits of liability, the company will indemnify the insured against all sums including claimant's case and expenses which the insured shall become legally liable to pay in respect of :(i) death or bodily injury to any person caused by or arising out of the use (including the loading and/or unloading) of the motor vehicle;(ii) damage to property caused by the use (including the loading and/or unloading ..... 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 or use of ..... 20,000/- for the injuries caused to her by reason of an accident due to the rash and negligent driving of a bus, apc 6311 near sanatorium church .....

National Insurance Co. Ltd. Vs. Chandra Bisht and ors.

Court : Uttaranchal

Reported in : III(2005)ACC855; 2006ACJ2663

..... 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 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 ..... shows that where the conditions precedent to section 170 of the act are satisfied and award is adverse to the insurer, the insurer has the right to file an appeal challenging the quantum of compensation or negligence or contributory negligence on the part of the offending ..... 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 ..... injuries and dependants of the deceased who died in this accident filed above claim petitions before the tribunal in different districts for compensation ..... it fell into a ravine (khud) due to rash and negligent driving by its driver in which several persons of the marriage party died and several persons sustained grievous injuries. .....

National Insurance Co. Ltd. and anr. Vs. Smt. Balbir Kaur and ors.

Court : Punjab and Haryana

Reported in : 2001ACJ555; AIR2000P& H210; (2000)125PLR750

..... driving by a named person or persons or by any perosn 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 or 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.(3) to (7) .............. ..... 1998 acc cj 513 : (air 1998 sc 2968), the insurance company filed an appeal before the high court against the award of the motor accident claims tribunal and got the quantum of compensation reduced when the insured had not filed an appeal and the insurance company had not moved the tribunal under section 170 of the act for obtaining the right to contest proceedings on merits. ..... the learned judges of the the apex court were considering the provisions of section 96 of the motor vehicles act, 1939 and answered the question in the following words :--'to start with it is necessary to remember that apart from the statute an insurer has no right to be made a party to the action by the injured person against the insured causing the injury. ..... darshan singh died at the spot whereas ajab singh was removed to rajindera hospital, patiala where he sucumbed to his injuries. ..... a result of the accident, both ajab singh and darshan singh received multiple injuries. .....

National Insurance Co. Ltd. Vs. Anjana Shyam and ors.

Court : Supreme Court of India

Reported in : 2007ACJ2129; AIR2007SC2870; 2007(5)ALD89(SC); 2007(5)ALLMR(SC)436; 2007(4)CTC593; [2008(1)JCR220(SC)]; JT2007(10)SC209; 2007(3)KLT993(SC); 2007(6MhLj525; (2007)5MLJ235(SC)

..... section 147(1)(b)(ii) provides that in order to comply with the requirements of chapter xi of the act, a policy of insurance must be a policy which insures persons or classes of persons, specified in the policy to the extent specified in sub-section (2) of that section against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place. ..... 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 a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion, or 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. ..... counsel for the respondents in these appeals submitted that the victims of an accidents are not to be driven to chase the mirage of recovery of compensation or damages from the owner of the vehicle and it is to ensure that the victims are paid compensation, whatever might be the inter se rights and obligations of the owner of the vehicle and the insurance company, that the relevant provisions are made. .....

United India Insurance Co. Ltd. Vs. Shila Datta and ors.

Court : Supreme Court of India

Reported in : 2011(4)KLT378; 2011(4)KLJ580; 2011(10)SCC509; 2011(8)MLJ743; 2012(1)LW30; 2011(2)TNMAC481; 2012(1)SCC(Cri)328; AIR2011SCW6541; 2012(2)SCJ162; AIR2012SC86

..... nanda, we are of the opinion that the matter may be considered from other angles, namely, whether the insurer shall be wholly without any remedy even if the amount of compensation is determined in violation of the standard formula envisaged under the second schedule of the act or in clear violation of the ratio (s) laid down by this court.we, therefore, are of the opinion that it is a fit case where the matter should be ..... 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.x x x x(7) no insurer to whom the notice referred to in sub-section (2) or sub- section (3) has been given shall be entitled ..... --(1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which -(a) is issued by a person who is an authorized insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)--(i) against any liability which may be incurred by him in respect of the death of or bodily [injury to any person, including owner of the goods or his authorized representative carried in the vehicle] or damage to any property of a third party caused by or .....

United States Vs. Worley

Court : US Supreme Court

..... states, supra, a libel on war risk insurance policies issued upon an american vessel and its cargo under the war risk insurance act of september 2, 1914, 38 stat ..... provides for payment by the united states of family allowances in certain cases and of compensation for death or disability of officers, enlisted men, and members of the army and navy nurse corps in active service resulting from injury or disease contracted in the line of duty. ..... the facts stated [in the certificate], does the united states, as matter of law, stand in the position of one who has gone into the business of insurance, and must therefore be assumed to have accepted the ordinary incidents of suits in such business? ..... in the conduct of the united states in respect of life and disability insurance from which an agreement on its part to pay interest may reasonably be ..... judgment for the designated beneficiary for all installments thereafter to mature would not protect the united states against a claim by the estate of the insured for any installments falling due after the death of the beneficiary. ..... 79 ): "when the united states went into the insurance business, issued policies in familiar form and provided that in case of disagreement it might be sued, it must be assumed to have accepted the ordinary incidents of suits in ..... implied agreement to pay interest arises upon a taking by the united states of private property for public use where interest is an element in the just compensation guaranteed by the constitution. .....