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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 5 of about 101 results (0.019 seconds)

Feb 07 2014 (TRI)

Dr. Ajay Singh Bhambri Vs. M/S. Axis Bank Limited the Mall, Ludhiana T ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... (2) scc 719] saying that merely filling any proposal for insurance and depositing first premium with the life insurance corporation, do not create a binding contract between the parties. the state commission has also placed reliance on the order passed by this commission in elsa tony phillip versus lic of india and ..... of the wife of the complainant took place. we have, therefore, no reasons to differ with the findings of the state commission that no concluded contract had come into existence between the parties. the state commission, in their well-reasoned order have relied upon the order of the honble supreme court ..... allowed to suffer. learned counsel, however, could not put forward any reasons to say that mere acceptance of a premium had resulted in a concluded contract between the parties. 4. we have examined the entire material on record and given a thoughtful consideration to the arguments advanced before us at admission ..... for deficiency in service and harassment at rs.5 lakh. vide impugned order, the state commission held that in the absence of a concluded contract between the parties, the insurance company could not be held liable to pay the loan amount of the share of smt. vandana bhambri, who ..... m/s. axis bank limited and anr.? vide which, the said consumer complaint was ordered to be dismissed and it was held that no concluded contract had come into existence between the parties and hence, the op no. 2 insurance company could not be held liable to pay the loan amount .....

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Aug 30 2013 (TRI)

The New India Assurance Co. Ltd Through Its Regional Office Vs. M/S B. ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... also the motor vehicles rules. he submitted that the state commission and the district forum failed to appreciate the fact that in the present case there was violation of the contract of insurance and the motor vehicles rules because at the time of the loss, the vehicle, which was yet to be registered with the registering authority under the provisions of ..... . under motor trade (road risk) policy b-package for the period from 1.2.2006 to 31.1.2007 covering the risk of theft and other perils as per the contract. it is alleged that while the vehicle (scorpio jeep no.gh-12 tc-28a) was coming from vadodara manufacturers store-yard to madhapar-bhuj showroom on 5.12.2006, it .....

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May 31 2013 (TRI)

Simplex Concrete Piles (India) Ltd. Vs. National Insurance Company Thr ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... (india) ltd. the facts of the case as they emerged from the existing record are that the petitioner/complainant a public limited company was awarded as a sub-contractor, the contract in january, 1995 for executing civil and structural work for 235 mv gas based combined cycle power project at jegurupadu rajamundhary (andhra pradesh). in order to get this work insured .....

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Mar 13 2013 (TRI)

Worldwide Immigration Consultancy Services Limited and Another Vs. Par ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... terms of contract with the complainant. the contention of the learned counsel for the appellant that wwics canada was a necessary party and the amount purported to have been paid to them could ..... for signing the said agreement. otherwise also, obtaining the signatures of the complainant on documents purported to be with some other company in canada would not make it a valid contract between the parties firstly in the absence of the intention of the complainant to enter into an agreement with them and secondly in absence of their representative to settle the ..... from the categorical finding of the fora below. a perusal of contract of engagement signed between the parties on 24.11.2000 shows that clause 5 (j) did not spell out passing of ilets as a requirement. the clause merely reads as ..... para 13 f of the revision petition, the main contention raised is that the requirement of english language was conveyed to the complainant as per clause 5 (j) of the contract of engagement with the wwics. the respondent failed to appear before ilets examination, which resulted in rejection of his visa application. this is nothing more than an attempt to detract .....

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Feb 16 2012 (TRI)

Kaushalendra Kumar Mishra Vs. the Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... use of the vehicle without registration was a matter to be dealt under the motor vehicles act, but the insurer and the insured are bound by the terms of the contract between them. in the absence of a specific condition in the policy that if the owner does not get the vehicle registered within a period of seven days of its .....

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Jan 22 2014 (TRI)

National Insurance Co. Ltd. Vs. Vinod Puri and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... the foras below, in violation of the above noted position of law laid down by the supreme court have expanded the scope of the insurance contract on the basis of presumption and assumption which is not permissible. thus, in our view, both the foras below have exceeded their jurisdiction while allowing ..... intended to be covered by the insurance policy and on this premise, district forum has allowed the complaint. on perusal of the copy of insurance contract which is placed on record, it is clear that plant, machinery and accessories as also the stock of rubbers for retreading situated at shop at ..... uberimmafides i.e. good faith on the part of the insured. except that, in other respects, there is no difference between a contract of insurance and any other contract. 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 ..... outside aid for construction of insurance policy is impermissible.? 9. on reading of the above, it is clear that an insurance contract has to be construed like any other contract on the basis of its terms and conditions and outside aid for construction of insurance policy is impermissible. 10. insurance policy clearly ..... the extent of liability of the insurer. 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 .....

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Oct 03 2012 (TRI)

Union of India, Through the Chairman, Railway Board, Rail Bhawan, New ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... an unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery and it was only on the basis of such assurance that the ..... plaintiff was persuaded to undergo surgery. ordinarily a surgeon does not offer such guarantee. where a doctor contracted to carry out a particular operation on a patient and particular result was expected, the court would imply into the contract between the doctor and the patient a term that the operation would be carried out with reasonable care and skill .....

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May 23 2014 (TRI)

M/S. Emirates (Airlines) Vs. Raj Kumar Sharma

Court : National Consumer Disputes Redressal Commission NCDRC

..... , while allowing complaint, rs. 5,00,000/- were allowed as compensation in favour of the complainant. 2. brief facts of the case are that complainant/respondent was working under a contract of employment with central hospital, benwalid, libya and was getting salary of rs.65,000/- approx. in november, 1989, on account of his mothers ailment he came to india on .....

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Sep 03 2013 (TRI)

New India Assurance Co. Ltd. Through Its Manager Vs. Mohinder Kaur Wid ...

Court : National Consumer Disputes Redressal Commission NCDRC

k.s. chaudhari, presiding member this revision petition has been filed by the petitioner/op against the order dated 07.02.2008 passed by the punjab state consumer disputes redressal commission, chandigarh (in short, the state commission) in appeal no. 1077/2002 m/s. the new india assurance co. ltd. vs. mohinder kaur by which, while allowing appeal partly, order of district forum allowing complaint was modified. 2. brief facts of the case are that complainant/respondents husband mohan singh obtained medi-claim insurance policy from the op/petitioner on 24.10.2000 for a period of one year for a sum of rs.1,00,000/-. during the subsistence of the insurance policy, mohinder singh developed brain tumor and spent more than rs.1,20,000/- on his treatment and ultimately died on 06.11.2001. mohan singh during his life time approached op for reimbursement of medical expenses, but to no effect. later on, complainant filed complaint before district forum alleging deficiency on the part of op. op resisted complaint and submitted that deceased mohan singh did not disclose that he was suffering from aforesaid disease and in such circumstances, was not entitled to reimbursement of the medical expenses and claim was rightly repudiated by letter dated 31.3.2002 and prayed for dismissal of complaint. learned district forum after hearing both the parties, allowed complaint and directed op to pay rs.1,00,000/- along with 18% p.a. interest and awarded cost of rs.2500/-. appeal filed by the .....

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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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