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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kerala Page 1 of about 1,416 results (0.034 seconds)

May 30 1989 (HC)

New India Assurance Co. Ltd. Vs. Susamma Varghese

Court : Kerala

Reported in : 1990ACJ521

..... vehicle, the insurer will indemnify the owner. we cannot take it that when the owner who happens to be the driver is guilty of rash and negligent driving, the contract of indemnity will hold good. either way the claim against the insurer cannot succeed.6. if the claimant's husband was guilty of rash and negligent driving and such driving caused the ..... for the compensation adjudicated by the tribunal. the insurer's liability is based on the contract of indemnity entered into between the insurer and the owner of the scooter. the contract of indemnity, of course, is subject to the provisions of the act. the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay compensation to persons .....

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Mar 29 1988 (HC)

K.R. Visalakshi and ors. Vs. Pookodan Hamza and ors.

Court : Kerala

Reported in : I(1989)ACC30; AIR1989Ker192

..... air 1979 cal 152) and differed from that view for the following reasons :'it is a well settled principle of law that insurance is an indemnity contract and unless the owner is made liable, there is no liability on the insurer to indemnify the owner. hence it would not be correct to ..... the tribunal in those claim petitions.11. the finding of the tribunal in m.a.c. no. 170/82 was that the driver of the contract carriage alone was negligent. there is considerable force in the submission urged by the appellants that the tribunal should have considered all the claim petitions ..... avoidable anomaly.4. counsel for the respondents in this appeal objected to the entertainability of a joint appeal by the owner and insurer of the contract carriage. we submitted that the owner, who has not been made liable to any amount as compensation, has not suffered any legal grievance and ..... and negligence of both the drivers. consequently, the tribunal awarded recovery of the entire amount of compensation from the owner, driver and insurer of the contract carriage, whereas in the other four claims, the tribunal directed recovery of 50% of the amount of compensation alone from them, directing the other 50 ..... filed by the persons who were injured in an accident involving stage carriage no. klh 8204 which was proceeding from vazhikadavu to trichur, and a contract carriage bus no. ket 1714 which was proceeding from trichur to nadukani. the vehicles collided at a place called muppini in malappuram district on 1- .....

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Nov 20 1986 (HC)

Kerala State Electricity Board Vs. Sundaram Estate

Court : Kerala

Reported in : (1987)IILLJ311Ker

..... -contractor in the relationship of principal to contractor?... the contractor referred to in section 12(2) is the contractor who contracts directly with the principal as defined in section 12(1). if therefore there is any further subletting of the contract, an indemnity cannot be obtained under the act and must be sought by recourse to the civil court....so stating the court ..... second category that where the principal's contractor is liable to pay compensation or to indemnify the principal, as provided under the sub. section, such contractor can in turn seek indemnity from his own contractor, who in relation to the principal, stands as a subcontractor, and who, being the immediate employer of the workman, is in terms of section 3, liable ..... to him in the relation of a contractor from whom the workman could have recovered compensation) and all questions us lo the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner.(3) nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of ..... held that the indemnity provided under section 12(2) was restricted to one indemnity, namely, between the principal and the original contractor.8. almost immediately after these .....

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May 20 2015 (HC)

Raman Vs. Cochin Devaswom Board

Court : Kerala

..... indemnify, says that a master is bound to indemnify his servant for all expenses incurred or loss sustained in obeying his lawful orders. it is also mentioned that no express contract of indemnity is required; the law will presume, from the relation of master and servant, an obligation to hold the latter harmless from the consequences of sa no.1028/2001 17 ..... loss is sustained by the latter persons, during the course of their employment. however, the question that crops up for decision, in the absence of any specific contract, is whether the appellant could claim indemnity against the board for the loss sustained by a third party on account of the act of an elephant owned by the board and kept by the ..... context, following principles will have to be remembered. it is true that mutual rights and obligations between master and servant depend on the terms of the contract of employment. although right of indemnity generally arises by a contract, express or implied, it has been said to exist whenever the relationship between the parties is such that either in law or in equity there ..... invoking the said provision. the tortfeasor claiming exemption from paying contribution to the other tortfeasor, based on the principle of indemnity contained in the section, should establish a legal right to make such a claim based either on a statute or a contract or common law principles. in this case, the salient features prompting me to hold so are that the master .....

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Jun 13 1963 (HC)

The Bank of New India Ltd. Vs. G. Govinda Prabhu

Court : Kerala

Reported in : AIR1964Ker267

..... month and would himself pay, the reasonable view is, that the cause of action against him arose upon non-payment within in month. but it was urged, that as a contract of indemnity, a different result would follow. the rules at common law and in equity are stated thus in 16 halsbury's laws of england, 3rd edition, paragraphs 982 and 983 ..... at the request of the debtor becomes entitled to recover from him whatever sums he has rightfully paid under the guarantee as is provided in section 145, whereas in the contract of indemnity, the indemnifier cannot on the performance of the obligation of the debtor in the absence of an assignment from the creditor, sue in his own name, the debtor, as ..... the two cases. in this sense ext. f may be held to be a contract of indemnity, with a special term by which defendants 2 and 3 rendered themselves personally liable to pay, in case the debts were not discharged within one month. the subordinate judge ..... to accept the argument of counsel, that ext. f is evidence of repudiation by the plaintiff of the principal debt itself and that therefore it cannot be regarded as a contract of indemnity. the plaintiff considered that the loans were irregular, not that they were not true or that they were unenforceable. the principal debtors were of course the first defendant in .....

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Aug 13 1957 (HC)

Sayu Mohammed Abdulla Vs. Neelakantan Krishnan and ors.

Court : Kerala

Reported in : AIR1958Ker322

..... shorten litigation or to do complete justice between the parties.'we therefore hold that the suit viewed as one for damages in enforcement of the contract of indemnity contained in the sale deed is not in any way barred.9. as the court below did not fix the quantum of damages in view ..... pillai thampatty v. kunhikavu thampan, 1956 ker lt 302 (j), where it was held after full discussion :'in a suit for damages for breach of contract of indemnity, express or implied, in writing registered, the period of limitation is governed by article 83 of the limitation act read with article 116, or in other ..... as contended by learned counsel for the appellants, the article applicable is article 116 read with article 83 in the light of the express covenant of indemnity, which we have found ext. b contained and so viewed, limitation will run only from the date of disturbance. it is enough for us to ..... they started and are entitled to claim consequential remedy by way of damages.6. the next question is as to the scope of the covenant of indemnity contained in the sale deed. it provided in effect that the vendors made themselves responsible to the vendee whenever any difficulty occurred in connection with ..... title and there was really no fraudulent misrepresentation by them in the matter as alleged. he denied that the warranty of title and the covenant for indemnity as contained in ext. b furnished any or sufficient cause of action for the plaintiffs' claim for damages, as sued for.he further pleaded that .....

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Dec 22 1989 (HC)

National Insurance Co. Ltd. Vs. Annamma Babu and ors.

Court : Kerala

Reported in : 1990ACJ909

..... not acquire any right to get compensation from the insurance company under the policy issued to him. the insurance policy issued by the respondent is a contract of indemnity to satisfy the conditions laid down under section 95 of the act. the ingredients of the law of insurance are nowhere provided in the special ..... the policy of insurance which satisfies the requirements prescribed under section 95 is a contract of indemnity. it is fundamental that in a contract of indemnity the indemnifier is liable for damages or compensation which is relatable to or arising from the contract or on tort. the saying that 'the first principle of an insurance policy ..... within the meaning of the act.8. the word 'third party' under the section is intended to connote a person who stands outside the agreement or contract between the insured and the insurer though he may be the beneficiary thereunder. in our view, to bring within the words 'third party' the insured ..... clear that the policy issued under chapter viii of the act is one intended to cover the liability the insured would incur in terms of the contract. a claim for reimbursement can be admitted only if the insured has incurred a liability under the terms of the policy and in the particular ..... the liability of the insurer, the terms of the policy will have to be considered. it is well to remember that an insurance contract may cover risks which are in excess of or beyond the statutory limits set by section 95 of the act. but, the insured may not .....

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Jan 24 2012 (HC)

The Oriental Insurance Co.Ltd. Rep. by Its Assistant Manager Regional ...

Court : Kerala

..... the dictum. the liability which appears to be undertaken by clause 3 and 4 would appear to be the liability under a contract of indemnity. the company has undertaken to indemnity the driver and clause also provides for the indemnification of the personal representative of such person, who is entitled to ..... the terms exceptions and conditions of this policy in so far as they can apply. reading of clause 3 would mean, subject to the limitation of indemnity, which is granted by virtue of section ii, the insurance company would undertake to indemnify the owner, in case, the vehicle which met with an ..... , conditions and limitations of this policy in so far as they can apply. 5. in the event of the death of any person entitled to indemnity under this policy the company will, in respect of the liability incurred by such person indemnify his personal representatives in the terms of and subject to ..... to reproduce the necessary clauses of section ii, they are clauses 3 and 5. "3. in terms and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any rider who is driving the motor cycle on the insured's order or ..... in the event of death of any person entitled to indemnify under this policy the company will in respect of the liability incurred by such person indemnity his personal representatives in the terms of and subject to the limitations of this policy provided that such personal representatives shall as though there were the .....

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Dec 22 1989 (HC)

National Insurance Co. Ltd Vs. Annamma

Court : Kerala

Reported in : II(1990)ACC101

..... acquire any right to get compensation from the insurance company under the policy issued to him. the insurance policy issued by the respondent is a contract of indemnity to satisfy the condition laid down under section95 of the act. the ingredients of the law of insurance are nowhere provided in the special statute. ..... the policy of insurance which satisfies the requirements prescribed under section 95 is a contract of indemnity. it is fundamental that in a contract of indemnity the indemnifier is liable for damages or compensation which is relatable to or arising from the contract or on tort. the saying that 'the first principle of an insurance policy ..... within the meaning of the act.8. the word' third party' under the section is intended to connote a person who stands outside the agreement or contract between the insured and the insurer though he may be the beneficiary there under. in our view, to bring within the words 'third party' the ..... clear that the policy issued under chapter viii of the act is one intended to cover the liability the insured would incur in terms of the contract. a claim for reimbursement can be admitted only if the insured has incurred a liability under the terms of the policy and in the particular ..... the liability of the insurer, the terms of the policy will have to be considered. it is well to remember that an insurance contract may cover risks which are in excess of or beyond the statutory limits set by section 95 of the act. but, the insured may not .....

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Dec 14 1992 (HC)

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

Court : Kerala

Reported in : I(1993)ACC445; 1993ACJ371

..... laws of england, 4th edition, volume 25, paragraphs 523 to 527, it is stated that the doctrine of subrogation applies to all contracts of non-marine insurance which are contracts of indemnity, sych as fire insurance, motor insurance and contingency insurance. it is further stated that in the strict sense of the term, subrogation ..... have already referred to the said clause, but we shall again refer to the relevant portion thereof. it reads :'no 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, ..... of the insured the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured ..... the insured, the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit, any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured shall ..... relied upon by the appellant-insurer is condition 2 of the policy of the insurance and reads as follows :'no 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 .....

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