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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 1 of about 101 results (0.020 seconds)

Mar 09 2012 (TRI)

Ashish Vishwakarma Prop. of M/S. Ashish Constructions Vs. Branch Manag ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... pointed out that this commission, in the case of m/s. harsolia motors v national insurance company ltd. [i (2005) cpj 26 (nc)] has held that a contract of insurance is a contract of indemnity and, therefore, there is no question of commercial purpose in obtaining insurance coverage. it has also been held that the insured could not trade or carry out any .....

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Feb 07 2013 (TRI)

United India Insurance Co. Ltd. Vs. Lanco Rani Joint Venture and Anoth ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... company ltd., i (2005) cpj 27 (nc)=(2006) 5 cpr 1 (nc), in which this commission has taken the view that contract of insurance is a contract of indemnity and, therefore, question of any of commercial activity does not arise. it has been held that the insured, who takes the insurance policy ..... 21/07 and first appeal no. 320/07 are identical. complainant company is seeking payment in accordance with the policy contract and the surveyors report whereas the insurance company claims that if the policy and the surveyors report is implemented, it would lead to violation of ..... case, it is held that the complainant had taken the insurance company for getting indemnified for the loss, if any, during the execution of the contract. this would not amount to any commercial activity. complaint is held to be maintainable. 22. the issues involved in both, consumer complaint no. ..... companies. since the quotation of rs. 71,64,272 given by the opposite party/respondent insurance company was the lowest, they were awarded the contract. the opposite party/respondent issued the contractors all risk (car) policy to the complainant on payment of two instalments of the premium as ..... before the consumer fora. findings: in the following facts are not disputed. complainant, a partnership firm engaged in the construction business was awarded a contract by the opposite party no. 2, national highway authority of india for widening/construction of 413 kms. road, bridges, flyovers and culverts in the .....

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May 09 2012 (TRI)

Deep Nursing Home Through Dr. Gurdeep Singh Kochhar and Others Vs. Man ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... written submissions as under: (i) dr. gurdeep singh kochhar and dr. kanwaljit kochhar were insured with respondent 4/new india assurance company. the oic had no contract of indemnity in respect of these doctors. (ii) the oic cannot be held liable unless appellant 1/deep nursing home is liable under the terms and conditions of the policy ..... be held liable in the facts and circumstance of the present case. (iv) the new india assurance company has also quoted clause 8.8 of the professional indemnity policy, which reads as under: if at the time of happening of any event resulting into a liability under this policy, there be any other liability insurance ..... be anticipated and, whenever possible, preparations should be made before delivery. general precautions include establishing at least one large-bore intravenous line, ensuring the availability of uterine contraction medications (oxytocin, methylergonovine, prostaglandins) and confirming that appropriate nursing and anesthesia personnel are available and aware of the possibility of postpartum hemorrhage. in selected high-risk patients ..... be excluded. blood and fluid must be replaced as needed. conservative measures for control of bleeding include uterine massage, uterine pressure and administration of medications to stimulate uterine contractions (oxytocin, methylergonovine, prostaglandins). surgery may be necessary to occlude the blood supply to the uterus. if this is not successful, hysterectomy may be required. preventing postpartum .....

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Feb 26 2014 (TRI)

Oriental Insurance Co. Ltd. Rep by the Divisional Manager Vs. Jagrut N ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... insurance company however denied its liability to pay compensation to the respondents complainants on the ground that it had no privity of contract either with the complainants or with the hospital. it was pleaded that the professional indemnity dr. (ima) insurance policies were issued in the name of individual doctors against whom no specific allegations of medical negligence ..... have held the petitioner jointly and severally liable to pay compensation without returning finding of medical negligence against anyone of the above noted doctors who were insured vide professional indemnity dr. (ima) insurance policies. in absence of any allegation or finding of medical negligence on the part of anyone of the insured doctor, the fora below have ..... the liability of the petitioner insurer to pay the awarded amount jointly and severally alongwith opposite party hospital has been fixed by the fora below in view of six professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. ..... consumer organization jagrut nagrik trust filed separate consumer complaints seeking compensation from the hospital and the petitioner insurance company. allegations against the insurance company were that they had issued professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. chokshi .....

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Feb 26 2014 (TRI)

Oriental Insurance Co. Ltd. Rep by the Divisional Manager Vs. Jagrut N ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... insurance company however denied its liability to pay compensation to the respondents complainants on the ground that it had no privity of contract either with the complainants or with the hospital. it was pleaded that the professional indemnity dr. (ima) insurance policies were issued in the name of individual doctors against whom no specific allegations of medical negligence ..... have held the petitioner jointly and severally liable to pay compensation without returning finding of medical negligence against anyone of the above noted doctors who were insured vide professional indemnity dr. (ima) insurance policies. in absence of any allegation or finding of medical negligence on the part of anyone of the insured doctor, the fora below have ..... the liability of the petitioner insurer to pay the awarded amount jointly and severally alongwith opposite party hospital has been fixed by the fora below in view of six professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. ..... consumer organization jagrut nagrik trust filed separate consumer complaints seeking compensation from the hospital and the petitioner insurance company. allegations against the insurance company were that they had issued professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. chokshi .....

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May 20 2014 (TRI)

Kalyan Singh Chauhan Vs. National Insurance Company Through Division M ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the above noted condition of limitations as to use? of the insurance policy which is reproduced above, the respondent complainant cannot claim indemnity in view of the violation of the expressed limitations as to use? provided in the insurance contract. in our aforesaid view, we find support from the judgment of the supreme court in the matter of vikramgreentech india ltd. and ..... fundamental breach of insurance policy. 13. in view of the discussion above, it is clear that this is a case of fundamental breach of terms and conditions of the insurance contract. therefore, we do not find any jurisdictional error or material irregularity in the order of the state commission which may call for interference by this commission in exercise of revisional ..... not cover use for (a) organised racing, (b) pace making, (c ) reliability trails, (d) speed testing.? 11. on bare reading of the above, it is clear that under the insurance contract between the parties, the insurance cover extended to the insured is subject to the use of the vehicle only under a permit within the meaning of motor vehicle act, 1988 ..... the claim of the insured in case where there is a breach of the policy condition / conditions; and, the breach is fundamental or material so as to vitiate the insurance contract?. 8. in the context of the above noted settled legal position, we now proceed to analyse the facts of the case. section 66 (1) of the motor vehicles act, 1988 .....

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Feb 01 2012 (TRI)

Motisons Securities Pvt. Ltd. Vs. Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... based, section 1 of the said part, the insurance covered infidelity of the employees?. the relevant clause reads as under: section 1.infidelity of employees indemnity is afforded to the assured under this section for loss resulting solely and directly from dishonest or fraudulent acts by employees of the assured wherever committed and whether ..... rai chandan lal, iv (2004) cpj 15 (sc)=v (2004) slt 876=(2004) 8 scc 644. exclusion clause(s) are part and parcel of the insurance contract and no attempt should be made to read down the same on the ground that the clause has general phrases and words. 14. there being no dispute that no ..... by employees.? 8. the term employee? is defined in clause 5 of the definitions to part-1 as under: employees? shall mean: (a) all persons under contract of service with assured; (b) all temporary employees employed by the assured including apprentices on the salary rolls of the assured; (c) all persons provided by an employment ..... .35,93,632.502. in nut shell the case set up in the complaint is that the complainant company had taken a stock brokers indemnity insurance policy for the trading members of national stock exchange of india ltd., bearing no. 330/98 valid uptil 31.5.1998 for an ..... indemnity limit of rs. 25,00,000 upon non-delivery securities, etc., from the opposite party by paying the requisite premium. the said policy inter .....

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Apr 02 2013 (TRI)

Dr. Tarunjit Dutta Roy Vs. the Branch Manger the New India Assurance C ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... petitioner by the respondents, but the respondents herein did not take any step. - the fact remains that the petitioner was duly covered under the medical indemnity policy when the cause of action arose and the policy was valid without any doubt. the learned state commission, west bengal simply considered the condition ..... construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties. in the case of vikramgreentech india limited and anr. vs new india assurance company ltd., - (2009) 5 supreme court ..... take liberalism to the extent of substituting the words which are not intended. thus, it needs little emphasis that in construing the terms of a contract of insurance, the words used therein must be given paramount importance, and it is not open for the court to add, delete or substitute any ..... to a series of decisions of this court wherein it has been held that it is the duty of the court to interpret the document of contract as was understood between the parties. in the case of general assurance society ltd., vs chandumull jain scr at p 510 a-b it was ..... insurance co. ltd., vs sony cheriyan this court held (scc p 455, para 17) the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms .....

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Feb 19 2013 (TRI)

Andagro United Services Ltd. Vs. United India Insurance Co. Ltd. and A ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... against the full insurable value, for any sum received by him under any other policy; (d) where the assured receives any sum in excess of the indemnity allowed by this act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves?. 23. in ..... claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this act; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation ..... or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this act, the assured is said to be over-insured by double insurance. (2) where the assured is over-insured by double-insurance:- ( ..... we will not take the subject claim from our marine insurance company and that at the time of payment of claim to us we shall furnish an indemnity bond to this effect to the central warehousing corporation. we trust you will find the above in order and expedite settlement of our claim at the ..... , can also not transfer its rights under the policy to a third-party without the consent of op1 as the insurance policy is a personal contract between the contracting parties. the complainant cannot acquire a right to sue under the policy and cannot maintain the petition against the op1. the complainant had no right .....

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Jul 08 2013 (TRI)

Deepak Gupta Vs. Lic of India Through Zonal Manager Jeevan Jyoti and A ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties?. 8. under these circumstances, the order passed by the state commission is flawless. the matter stands disposed of. there shall be no order as to ..... policy but we cannot take liberalism to the extent of substituting the words which are not intended?. 24. thus, it needs little emphasis that in construing the terms of a contract of insurance, the words used therein must be given paramount importance and it is not open for the court to add, delete or substitute any words. it is also well ..... have to be strictly construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties?. 8. under these circumstances, the order passed by the state commission is flawless. the matter stands disposed of. there shall be no order as to ..... policy but we cannot take liberalism to the extent of substituting the words which are not intended?. 24. thus, it needs little emphasis that in construing the terms of a contract of insurance, the words used therein must be given paramount importance and it is not open for the court to add, delete or substitute any words. it is also well .....

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