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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: gujarat Page 1 of about 1,127 results (0.014 seconds)

Feb 19 2009 (HC)

National Insurance Company Vs. Gitaben Saitansinh Rajput and 5 ors.

Court : Gujarat

Reported in : (2009)2GLR1348

..... driver and on that basis on the principle of vicarious liability, against the owners of such motor vehicles and the insurance companies which would step in on the basis of contract of indemnity and also on account of the statutory liability as laid down by the motor vehicles act. it is not as if that claims for compensation would lie even in ..... owner of the motor vehicle have first to be held to be responsible on the basis of tortious liability for the accident and then only insurer would come in via contract of indemnity or an account of its statutory obligation under section 95 read with section 96 of the act. consequently, even though the later part of section 110-b prior to .....

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Feb 11 1992 (HC)

Radhabehn and ors. Vs. Mulji Kanji Dhord and ors.

Court : Gujarat

Reported in : 1994ACJ404

..... never be the intention of the provision in workmen's compensation act or the motor vehicles act, so far as the insurance policy, viz., the contract of indemnity is concerned. thus, this court has, in terms, negatived the contention that the insurance company is liable also for the penalty amount awardable under section ..... the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence he incurs ..... for such a liability, suffice it would have been for it not to have included in the contract of insurance any indemnity clause for such a liability. on one hand, to include in the contract of indemnity a liability to be responsible for the liability for penalty and in the same breath to stipulate ..... covered.35. now, before we go to the actual terms of the policy to find out whether, as a matter of fact, it provides indemnity to the insured for its liability to pay penalty to the employee or to his dependants we would like to refer to certain authorities which have ..... made by enacting section 4-a in the wc act, the legislature would have simultaneously amended section 96 of the mv act suitably to provide the indemnity to be given by the insurer to the insured also in respect of the insured's liability for penalty payable by the insured employer to .....

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Feb 11 1992 (HC)

Radhabehn and ors. Vs. Mulji Kanji Dhrod and ors.

Court : Gujarat

Reported in : 1(1995)ACC403

..... never be the intention of the provision in workmen's compensation act or the motor vehicles act, so far as the insurance policy, viz., the contract of indemnity is concerned.thus, this court has, in terms, negatived the contention that the insurance company is liable also for the penalty amount awardable under section ..... the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence he incurs ..... for such a liability, suffice it would have been for it not to have included in the contract of insurance any indemnity clause for such a liability. on one hand, to include in the contract of indemnity a liability to be responsible for the liability for penalty and in the same breath to stipulate for ..... be covered.35. now, before we go to the actual terms of the policy to find out whether, as a matter of fact, it provides indemnity to the insured for its liability to pay penalty to the employee or to his dependents we would like to refer to certain authorities which have ..... section 4-a in the w.c. act, the legislature would have simultaneously amended section 96 of the m.v. act suitably to provide the indemnity to be given by the insurer to the insured also in respect of the insured's liability for penalty payable by the insured employer to the .....

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Sep 27 1977 (HC)

New Great Insurance Company of India Ltd. Vs. Vithaldas Dhanjibhai and ...

Court : Gujarat

Reported in : [1979]49CompCas556(Guj); (1978)0GLR651

..... the loss being either proved or admitted, insurer is under an obligation to pay under contract of indemnity and then may insist upon preservation of the rights. that conclusion appears to be inescapable. 16. turning to the facts in this case, there ..... 1880] 5 qbd 560 (ca) was a case of fire insurance and, in the context of fire insurance policy, it was held that being a contract of indemnity, upon payment of the amount of loss, the insurer is entitled to be put into the place of the assured; and if at a subsequent time ..... as to disentitle the insured to be indemnified by the insurer. clause 9 cannot stand out or apart from the terms of the contract of insurance. it is a contract of indemnity. where loss is admitted, the insured under the terms of insurance is entitled to be indemnified by the insurer. that is the ..... can call upon the assured to preserve the right against the carrier by initiating action without payment and only on the indemnity of costs. such an approach may almost make the contract of indemnity superfluous because the insured can always proceed against the carrier and recover the damage. he insures against loss and on ..... conflict of interest between the insurer and the insured. but where there is under-insurance or risk is not fully covered and contract of marine insurance being one of indemnity, the insured may be indemnified to the extent of the risk covered under the policy and yet it does not compensate the .....

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Nov 04 1974 (HC)

Bharatkumar Manilal Dalal Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

Reported in : [1975]99ITR179(Guj)

..... other properties or should be assessed as an estate by itself. the madras high court held that the personal accident policy is not a contract of indemnity since the amount payable on the death of the insured is fixed in the policy itself, as it is in the contemplation of the ..... policies, other than life policies, and particularly accident policies, would be only contracts inter-parties and not a property. jessel m. r. in in re moore observed that policies of insurance are legal things in action, whether contracts of indemnity or otherwise, and the assured can grant a valid assignment of the right ..... 22. in his book, general principles of insurance law, second edition (butterworths), e. r. hardy ivamy has pointed out at page 10 : 'a contract of insurance necessarily contemplates the existence of something to which an accident may happen, and anything to which an accident may happen, may, therefore, be the ..... to recover under any policy of insurance, without the assent of the insurers. to contend that the right under a contract of insurance contained in an accident policy is ..... parties even at the time of the contract that in the case of death the amount would be payable either to the nominee or the legal .....

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Dec 23 1986 (HC)

Gujarat State Road Transport Corporation Vs. Union of India and ors.

Court : Gujarat

Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559

..... driver and on that basis on the principle of vicarious liability, against the owners of such motor ve6icts and the insurance companies which would step in on the basis of contract of indemnity and also on account of the statutory liability as laid down by the motor vehicles act. it is not as if that claims for compensation would lie even in ..... owner of the motor vehicle have first to be held to be responsible on the basis of tortuous liability for the accident and then only insurer would come in via contract of indemnity or on account of its statutory obligation under s. 95 read with s. 96 of the act. consequently, even though the later part of s., 110-b prior to .....

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Nov 21 1980 (HC)

Hiralal Chhotalal Shah Vs. Centeral Bank of India and anr.

Court : Gujarat

Reported in : (1981)22GLR846

..... been posed for my consideration had not arisen before the supreme court for its decision. under these circumstances, the observations of the supreme court on the nature of indemnity and guarantee contracts can be of no real assistance to mr. trivedi.23. mr. trivedi also invited my attention to another decision of the supreme court in s. chattanathe karyalar ..... 2scr462 , in that decision, the supreme court had an occasion to consider the nature of the contracts of indemnity and guarantee. the supreme court observed:a promise to be primarily and independently liable for another person's conduct may amount to a contract of indemnity. a contract of guarantee requires concurrence of three persons the principal debtor, the surety and the creditor.it was ..... further observed:the liability of the surety under section 128, contract act is co-extensive with that of the principal debtor, unless it is otherwise ..... provided by the contract. it is therefore necessary to consider whether in the terms of .....

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Nov 29 1985 (HC)

Gautam Transport Vs. Jiluben Huseinbhai and ors.

Court : Gujarat

Reported in : [1990]68CompCas33(Guj)

..... sizeable amount. such could never be the intention of the provision in the workmen's compensation act or the motor vehicles act,so far as the insurance policy,viz., the contract of indemnity is concerned. under the circumstances we do not find any substance in the present appeal which requires to be dismissed at the admission stage. though it is not relevant ..... workmen's compensation act and the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulated that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence, he incurs an additional responsibility for ..... to hold that for determining the conditions of the policy, section 95 of the motor vehicles act can be looked into, then also the clear fact that the contract of insurance is a contract of indemnity cannot be lost sight of. 5. the insurance company while issuing an insurance policy only assures that it shall indemnify the assured for all liability which might .....

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Nov 29 1985 (HC)

Gautam Transport Vs. HuseIn Ahmeda Through L. Rs. Jiluben Huseinbhai a ...

Court : Gujarat

Reported in : II(1989)ACC110

..... a sizable amount. such could never be the intentions of the provision in w.c. act of the motor vehicles act, so far as the insurance policy viz. the contract of indemnity is concerned. under the circumstances, we do not find any substance in the present appeal which requires to be dismissed at the admission stage: though it is not relevant, it ..... workmen's compensation act and the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence be incurs an additional responsibility for ..... to hold that for determining the conditions of the policy section 95 of the motor vehicles act can be looked into, then also the clear fact that the contract of insurance is a contract of indemnity cannot be lost sight of. the insurance company while issuing an insurance policy only assures that it shall indemnify the assured for all liability, which might be .....

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Jul 23 1981 (HC)

United India General Insurance Co. Ltd. Vs. Shantaben Jerambhai and or ...

Court : Gujarat

Reported in : AIR1982Guj212; [1983]54CompCas418(Guj); (1982)1GLR513

..... for any hire or reward or by reason of or in pursuance of a contract of employment would not be required to be covered in view of the aforesaid settled legal position. this being ultimately a contract of indemnity, if the policy of insurance is not compulsory, the insurance company could not ..... reasonable relationship or nexus between him and the insured and satisfies the requirement of the expression 'a contract of employment' used by parliament without any qualifying words in section 95 (2) (b).22. in view of all that has been stated above, ..... practical and business purposes reading to his employer, he must be deemed to be on the vehicle by reason of and in pursuance of a contract of employment. presence of the deceased on the vehicle for practical and business purposes of his employer (other than the insured) establishes rational and ..... 20 gui lr 134: (1979 lab ic 531). it was a case where the employees of the government of gujarat which had entered into a contract with modem construction company were allowed to travel in a station wagon belonging to modern construction company. on the day of the accident, no government ..... and that certificate is exhibit 29. that certificate reads as under :-'jerambhai dahyabhai parmar of kumvarda. taluka mangrol, district surat was collecting milk on contract and on agency from the jawahar dudh utpadak sahakari mandali ltd. kunvarada at a rate of 0-5 paise per litre.' the certificate stated that .....

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