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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Page 1 of about 1,031 results (0.065 seconds)

Nov 15 1962 (HC)

Gyarsilal Jagannathprasad Mor Vs. Pandit Sitacharan Dubey and ors.

Court : Madhya Pradesh

Reported in : AIR1963MP164; [1963]33CompCas667(MP)

..... fire, accident, and so forth -- i do not think you can assign (sic) policy so as to make of what is a contract of personal indemnity to a a contract of personal indemnity to b. i hope i have made that clear. you cannot thrust a new assured upon a company against its will. if you do ..... not the person specified in the policy cannot be accepted. if, as we think, the company impliedly assented to the transfer and there was a novated contract of indemnity, then clearly gyarsilal was in effect and in law the person insured by the policy even though his name was not substituted in place of dr. ..... joshi in respect of the ford car was or was not transferred to gyarsilal. now it is quite true that a motor insurance policy is a contract of personal indemnity and the assured cannot claim the insurance amount when he does not suffer any loss or damage. it is clear that where a car insured ..... insurance policy ceased when the car was sold by him; that the policy of insurance did not permit the transfer of the indemnity therein given to any person and thepolicy was a contract of indemnity in favour of dr. joshi alone, the assured therein, and not in favour of his assigns; that the policy of ..... is really not a clause with regard to the assignment of the policy. such a policy being a contract of personal indemnity cannot be assigned; when it is transferred, there is only a novation of the contract by which the original assured is released and a new assured is accepted. in this connection, it would .....

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Aug 24 2009 (HC)

Vimlabai and ors. Vs. Sharif Khan and ors.

Court : Madhya Pradesh

Reported in : (2010)ILLJ257MP; 2009(4)MPHT425

..... himself, or by the conduct of any other person, is called a 'contract of indemnity'.125. rights of indemnity-holder when sued.- the promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor:(1) all damages which he may ..... contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.9. perusal of the aforesaid goes to show that the liability of the indemnifier to ..... he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit;(3) all sums which he may have paid under the terms of any ..... on account of the accident resulting from the use of his motor vehicle. sections 124 and 125 of the indian contract act, 1872 may be reproduced hereinbelow for convenience:124. 'contract of indemnity' defined.- a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor ..... and ors. v. narendra kaur and ors. 2009 (2) jlj 161 (sc), the apex court has further clearly observed:a contract of insurance as is well known is a contract of indemnity. in a case of accident, the primary liability under law for payment of compensation is that of the driver. the owner of .....

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Sep 20 1993 (HC)

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

Court : Madhya Pradesh

Reported in : 1994ACJ987

..... the driver of the vehicle and the owner is made liable on the principle of vicarious liability, the insurer is further made liable on the basis of a contract of indemnity. such contracts of indemnity contain certain stipulations and conditions.if the insurer is asked to indemnify the owner of the vehicle which is clearly on the plain reading against the terms and conditions ..... of contract of indemnity (insurance) the insurer will be put to hardship and great difficulty. the insurance company is holding the money of insured as a trustee of the same. this is a public .....

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Sep 21 1999 (HC)

Smt. Sushila and anr. Vs. Rajveersingh and ors.

Court : Madhya Pradesh

Reported in : 2000ACJ719; AIR2000MP121; 2000(1)MPHT331

..... liable directly or vicariously to pay the damages is a question governed by the law of torts. 17. it is no longer open to doubt that the contract of insurance is a personal contract of indemnity. however, the provisions contained in section 149 of the motor vehicles act, 1988, indicate as has already been observed hereinabove that the liability of the insurer arises ..... be held liable where the insured himself stands exonerated of any such liability. 22. the insurance policy in the present case which had been issued by the insurer was a contract of indemnity satisfying the conditions laid down under section 147 of the aforesaid act. 23. the liability of the insurer, it must be emphasised depends upon the liability of the insured ..... to defend the action on specified, though limited grounds. 33. it should not be lost sight of that it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and it is in this view of the matter, that the statutory liability is cast upon the insured may be enforced as against the insurer. though the .....

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Aug 08 1967 (HC)

Seth Narsinghdas Kanhaiyalal Vs. Commissioner of Wealth-tax.

Court : Madhya Pradesh

Reported in : [1968]67ITR412(MP)

..... to that money. nor did that clause make the amount of rs. 1,56,471 received by seth narsinghdas as owner, a liability of his. in the case of a contract of indemnity, the indemnifier cannot be called on to make good his promise until the indemnified has incurred actual loss (see rangnath v. pachusao). it is not the case of the ..... government, clearly shows that the amount of rs. 1,56,471 was paid to him as owner of the acquired properties. clause 3 of that agreement is nothing but an indemnity clause providing that if it turns out that the assessee was not entitled to get any amount of compensation and if the government is required to pay any compensation to ..... any fault or defect in his title as represented by him without prejudice to any other remedies for the enforcement of any refund and indemnity, the government may recover any sum payable by way of refund and indemnity as arrears of land revenue.'the wealth-tax officer included by the amount of rs. 1,56,471 also in the net wealth of .....

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Nov 03 1969 (HC)

Mangilal Vs. Parasram and ors.

Court : Madhya Pradesh

Reported in : AIR1971MP5; 1970MPLJ1

..... liable to pay damages to a third party. if the insured is liable, then that liability has to be discharged by the insurer under the contract of indemnity, and the insurer cannot be heard to say that becauseof the breach of any terms of the policy of insurance the policy has become unenforceable. ..... was no negligence on the part of the insured, to show that the insured incurred no liability so that the insurer's liability under the contract of indemnity does not arise. the insurer is entitled to raise all such pleas in defence as the insured can take to show that he (the insured ..... matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable ..... an accident. this is and has always been undoubted law. it is stated in 32 halsbury (simonds) 354:-- ' 'in its main features a contract of motor insurance is a contract of indemnity : british cash and parcel conveyors ltd. v. lamson store service co. ltd., 1908-1 kb 1006 at page 1014; weld blundell v. stephens ..... or injury caused to third parties or for damage to their property. 8. regarding the third species of protection, the insurance policy is a contract of indemnity under which the insurer agrees to reimburse the assured to the extent of the amount of damages which the latter may become liable to pay for .....

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Sep 02 1994 (HC)

Sarjubai Vs. Gurudip Singh and ors.

Court : Madhya Pradesh

Reported in : 1994ACJ997

..... insurer can plead that there was no negligence on the part of the insured, to show that the insured incurred no liability so that the insurer's liability under the contract of indemnity does not arise. the insurer is entitled to raise all such pleas in defence as the insured can take to show that he (the insured) has not incurred the ..... conduct in the name 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 shall give all such information ..... to defend the action in the name of the assured and this he has full liberty to do. secondly, if he has been made to pay something which on the contract of the policy he was not bound to pay, he can under the proviso to sub-section (3) and under sub-section (4) recover it from the assured. it was ..... defences which are available to the insured against a third party as the insurance company under the contract of insurance, i.e., the policy, had reserved the right in the policy of insurance under 'reservation clause' which reads thus:no admission, offer, promise, payment of indemnity shall be made or given by or on behalf of the insured without the written consent .....

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Sep 28 1999 (HC)

National Insurance Co. Ltd. Vs. Ram Murti and ors.

Court : Madhya Pradesh

Reported in : II(2000)ACC238; 2002ACJ1224; 2000(1)MPLJ415

..... harcharan singh v. turza bai 1995 acj 423 (mp), this court had an occasion to consider the contention advanced on behalf of the insurance company that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the vehicle covered by the said policy of insurance ..... the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.(emphasis supplied)10. ordinarily, a contract of insurance is a personal contract of indemnity against third party risk in relation to the use of the motor vehicle by a particular person which comes to an end and the policy lapses upon ..... no intimation regarding the transfer of the truck or for the transfer of the policy was given by the transferee appellant to the insurance company and that there was no contract between the appellant and the insurance company for indemnifying him for any injury to a third party. it was in that situation that it was held that the transferee had .....

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Aug 10 1988 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Natvarlal and ors ...

Court : Madhya Pradesh

Reported in : [1990]68CompCas558(MP); 1988MPLJ676

..... insurance company, the claimant is enabled by law to know the exact terms of the policy, even though he was not a party to the contract of indemnity. if the claimant, however, fails to inspect the policy of insurance and to allege that the insurance policy covers liabilityin excess of the statutory ..... behalf is made punishable by section 113(2) of the act. thus, the act enables a claimant to obtain all relevant information regarding the contract of indemnity entered into by the owner of the vehicle so that the liability for payment of compensation, in terms of the policy, could be fastened on ..... claimant, because a claimant has no right under a contract of indemnity to which he was not a party, to obtain the benefit of insurance. with a view to meet this difficulty, section 96(1) of ..... provision for compulsory insurance of a motor vehicle was, however, not sufficient to remove the hardship caused to a claimant. the insurance policy being a contract of indemnity between the insurer and the insured, ordinarily, an insurance company could not have been made a party in an application for compensation made by a ..... be awarded a sum higher than the said minimum statutory limit against the insurance company unless he pleads and proves that the insurer provided in the contract of insurance for a sum higher than that fixed under section 95(2)(b) ? (2) whether the tribunal can award against the insurance .....

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Nov 17 1994 (HC)

United India Insurance Co. Ltd. Vs. Pratibha Rathi and ors.

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ250

..... 2) prevents the insurer from raising any defence not permitted by clauses (a) to (c) therein.6. contract of insurance is in the nature of a contract of indemnity. to effectuate a contract of indemnity, a decree has to be first obtained against the insured and thereupon the liability of the insurer to discharge ..... 116 - all decisions of the full benches.]7. there can be only two ways of overcoming the restrictions imposed by section 96(2). the contract of insurance may stipulate that the insurer would be at liberty to raise defences on behalf of the insured. in such a case, the insurer ..... namely :(i) a condition excluding the use of the vehicle -(a) for hire or reward, where the vehicle is one 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) ..... the decree arises. a contract of insurance is a contract by which the insurer promises to save the insured ..... from the loss caused to him by the conduct of any other person. under section 125 of the indian contract .....

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