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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 4 of about 101 results (0.017 seconds)

Oct 08 2012 (TRI)

C.N. Mohan Raj Vs. M/S. New India Assurance Company Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... there was clear suppression of the material facts with regard to the health of the insured, and, therefore, respondent was fully justified in repudiating the insurance contract. 15. accordingly, after going through the record, i do not find any infirmity or illegality in the impugned order. the present revision petition is ..... his liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into a contract of insurance?. 11. keeping in mind above legal position as enumerated in the various judgments, it is to be seen as to whether petitioner ..... the context of guiding the insurer to decide whether to undertake the risk or not. 25. the upshot of the entire discussion is that in a contract of insurance, any fact which would influence the mind of a prudent insurer in deciding whether to accept or not to accept the risk is ..... the principles necessitating a duty of disclosure by the assured, in the following words: (aii er pp. 184 h-185 i) insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter ..... . m.k.j. corporation, this court has observed that it is a fundamental principle of insurance law that utmost faith must be observed by the contracting parties. good faith forbids either party from non- disclosure of the facts which the party privately knows, to draw the other into a bargain, from .....

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May 06 2014 (TRI)

Col. T.S. Bakshi Retd. Vs. Star Health and Allied Insurance Co. Ltd. T ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... admittedly, the insurance policy was obtained by jaspreet singh bakshi for self, his wife and son sahaj singh. the petitioner is neither the insured nor the beneficiary under the insurance contract. therefore, technically speaking he could not have maintained the consumer complaint in his name. however, on perusal it is clear that the consumer complaint was filed by the petitioner ..... counsel for the opposite party on the contrary has argued in support of the impugned order. he has contended that the foras below have rightly appreciated and interpreted the insurance contract and there is no jurisdictional error or material illegality in the impugned order which may call for interference by this commission in exercise of revisional powers. 6. learned counsel ..... district forum by majority of 2 : 1 came to the conclusion that the opposite party was right in repudiating the claim in view of exclusion clause-2 of the insurance contract. being aggrieved of the order of the district forum the petitioner preferred an appeal before the state consumer disputes redressal commission, ut chandigarh. the state commission concurred with the ..... opposite party claiming that as per exclusion clause-2 of the insurance policy the insurance company was not liable to make payment under the policy if the insured person contracted any disease during the first 30 days from the date of commencement of the insurance policy. being aggrieved by the repudiation the petitioner filed the consumer complaint before the .....

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Apr 01 2014 (TRI)

M/S. Ganga Immigration and Education Services Pvt. Ltd. and Another Vs ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... refused to perform the work as assigned by the employer and returned to india on their own. as per the agreement, petitioners perform their part of contract but respondents were negligent to perform their part of contract. it was admitted that the respondents made payment of rs.50,000/- to the petitioners. from rs.50,000/- petitioners spend more amount on visa .....

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Aug 22 2013 (TRI)

M/S Shiv Confectionary House Though Its Sole Proprietor Vs. Bajaj Alli ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. 18. the endeavour of the court must always be to interpret the words in which the contract is expressed by the parties. the court while construing the terms of policy is not expected to venture into extra liberalism that may result in re-writing the ..... that, in other respects, there is no difference between a contract of insurance and any other contract. 17. the four essentials of a contract of insurance are, (i) the definition of the risk, (ii) the duration of the risk, (iii) the premium and (iv) the amount of insurance ..... contract or substituting the terms which were not intended by the parties. the insured cannot claim anything more than what is covered by the insurance policy.? (emphasis provided by us) 10. ..... . the apex court in the case of vikramgreentech (i) ltd. and anr.(supra) has held thus:- 16. an insurance contract, is a species of commercial transactions and must be construed like any other contract to its own terms and by itself. in a contract of insurance, there is requirement of uberimma fides i.e. good faith on the part of the insured. except .....

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Jul 11 2012 (TRI)

Jacob Punnen and Another Vs. United India Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... the other hand, counsel for the respondent insurance company has supported the impugned order mainly on the premise that the second insurance effective from 26.03.2009 is a fresh contract of insurance which was entered into between the parties in as much as certain changes were carried out in the fresh policy. it is pointed out that the earlier policy ..... of the counsel for the respondent / complainant that the opposite parties had no such is without merits. we find that the parties are bound by the terms of the agreement / contract. hence, we find that the liability of the appellant is limited to the amount mentioned in clause 1.2(d) of the policy. in the circumstances, the order of the ..... is prepared by the insurance company by approval of the irda and is common for all for a special period. counsel for opposite party vehemently argued that an insurance is contract between two parties and terms and conditions of the policy for a type of policy is binding on parties. so, petitioner is binding by the varied terms in ex.a2 ..... policy. in our view argument raised by learned counsel for opposite party is not acceptable because an insurance contract is a specie of commercial transactions and must be constructed like any other contract on its own terms and by itself albeit subject to the additional requirement of uberrima fides i.e. good faith on the part .....

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Jul 03 2012 (TRI)

The Branch Manager Life Insurance Corporation Civil Lines Vs. Sunil Ku ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... employees of the petitioner corporation and it cannot be used to the disadvantage of the respondent / complainant by unilaterally changing the terms of the contract after a gap of 12 years. undoubtedly, the petitioner corporation is likely to suffer some under-recovery but in all fairness, the petitioner corporation ..... dismissal. 6. having considered the rival contentions, we find that there is no dispute about the basic facts of the case. undoubtedly, the contract of insurance is one of utmost good faith but there is no allegation of suppression, misstatement or misrepresentation on the part of the complainant/respondent ..... 2001) 2 scc 160] where the apex court has held that the duty of insured to disclose material facts continues up to execution of the contract of insurance. he submitted that in the present case, there is no allegation by the petitioner that there is any misstatement or misrepresentation or ..... act according to the terms of the policy documents which are issued after due consideration of all the material aspects pertaining to the insurance contract. he argued that the total period under both the policies ranges from 16 to 18 years out of which the respondent has continued to ..... by this action on the part of the petitioner and treating the demand for additional payment of premium as breach of the contract between the two parties, the respondent lodged a complaint with the district consumer forum praying for issuing directions to the petitioner corporation to comply .....

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May 06 2014 (TRI)

Japjeet Singh Chadda Vs. United India Insurance Co. Ld. and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... accepted the plea of limitation raised by the respondents and allowed the appeal. consequently, the complaint was dismissed as barred by limitation and not maintainable in view of the following contract: it is also hereby expressly agreed and declared that if the company shall disclaim liability to the insured for any claim hereinunder, and such claim shall not within 12 calender ..... state commission dismissing the complaint as barred by limitation in view of section 24-a of the act and also in view of violation of the term of the insurance contract, is not sustainable particularly when the final decision to disclaim the liability to the insured is yet to be taken. 12. in view of the discussion above, the impugned order .....

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Feb 06 2014 (TRI)

New India Assurance Company Ltd. Vs. Birbal Singh Jhakhar

Court : National Consumer Disputes Redressal Commission NCDRC

..... a trailer except the towing (other than for reward) of any one disabled mechanically propelled vehicle?. 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 ..... terms and conditions of the insurance policy but also provisions of the motor vehicle act. it is contended that in view of the aforesaid fundamental breach of condition of insurance contract, the petitioner was justified in repudiating the insurance claim. 6. learned shri j.m.bari, advocate on the contrary has argued in support of the impugned order. it is argued ..... furnish the basis for construction of a policy. such outside aid for construction of insurance policy is impermissible.? from the above judgment, it is clear that an insurance contract is like any other commercial contract and it must be construed strictly as per its terms and conditions.admittedly, in this case, at the time of incident, vehicle was being plied on a .....

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Dec 04 2012 (TRI)

Goodwill Engineering Works Vs. New India Assurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... risk insurance policies, subject to the terms and conditions stipulated therein, including, inter alia, institute clauses for builders risks and these terms and conditions formed part and parcel of the contract of insurance.(ii)the policy schedules specified the coverage period as commencing from the date of laying of keel or from 15.9.1997 and ceasing on 14.5.1998 ..... of the additional premium payable for coverage of the additional risk of voyage. in the present case, the complainant has complied these conditions more in breach than in observance. the contract of insurance cannot be extended to give undue enrichment to an insured more particularly in case where huge amount is involved. from a conspectus of the entire facts and circumstances ..... mentioned in the builders risks policy, the policies were issued subject to institute clauses for builders risks? and the terms and conditions of those clauses formed part and parcel of contract of insurance. therefore, any reference to the events such as laying of keel or completion of vessel and delivery were mentioned only to reckon the period of insurance and cannot ..... do not find myself amenable to the arguments advanced on behalf of the complainant. the reasons for reaching the above said conclusion are listed as follows. 6. the construction of contract entered into between the parties assumes importance. it is a settled law that court should refrain from any interpretation which would result in injustice and absurdity, air 1963 sc 25 .....

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Sep 11 2012 (TRI)

Export Credit Guarantee Corporation of India Ltd. Vs. Neelkanth Empire

Court : National Consumer Disputes Redressal Commission NCDRC

..... consignment that it exports to each of foreign buyer during the previous month irrespective of whether any of the consignments suffers from peril indemnified under the contract of the policy. it is further provided that even if there was no shipments or there was no amounts overdue, a declaration shall nevertheless be ..... each consignment that it exports to each foreign buyer during the previous month, irrespective of whether any of the consignments suffers any peril indemnified under the contract/policy. the premia have to be paid accordingly.? (emphasis supplied) the learned counsel for the appellant has not been able to show us anything ..... construed to determine the extent of liability of the insurer. therefore, the endeavor of the court should always be to interpret the words in which the contract is expressed by the parties.? 9. in support of his contention that non-filing of declarations in terms of clauses 8(a) and (b) ..... 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 ..... the appellant within the time contemplated under clauses 8(a) and 8(b) of the policy but the time was not the essence of contract for the performance of the complainants or his banks obligation to submit the declaration of shipment under the said clauses and even there was a .....

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