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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 6 of about 101 results (0.020 seconds)

Mar 19 2013 (TRI)

Consumer Education and Research Society Suraksha Sankool Ahmedabad and ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... by taking additional premium for the damage caused by spontaneous combustion/natural heating which may not result in fire, it ought to have been clearly stated. 23. secondly, if the contract is vague, benefit should be given to the insured. the exclusion term of the insurance policy must be read down so as to serve the main purpose of the policy ..... fresh seeds it is the rise in temperature of silo has damaged the seeds which have turned black with loss in oil content?. 22. further, it is settled law that contract of insurance is based upon good faith. it is the duty of the insurers and their agents to disclose all material facts within their knowledge since obligation of good faith ..... referred to fire insurance law by herbert taylor wherein the author has observed that the meaning of the word fire for purposes of a policy may be limited by the contract, and the wording chosen by the parties must always be considered in order to ascertain their intentions. fire occurs only when there is ignition : spontaneous fermentation or heating without ignition ..... 7, as per the policy which covers damage by such items namely fire, lighting, explosion, etc. (c). thirdly, recovery of additional premium indicates the nature of the contract that subsists between the parties. that contract cannot be of giving insurance coverage only in case of damage by fire. if that contention is accepted, the object and purpose of payment of additional premium .....

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Mar 19 2013 (TRI)

Consumer Education and Research Society Suraksha Sankool Ahmedabad and ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... by taking additional premium for the damage caused by spontaneous combustion/natural heating which may not result in fire, it ought to have been clearly stated. 23. secondly, if the contract is vague, benefit should be given to the insured. the exclusion term of the insurance policy must be read down so as to serve the main purpose of the policy ..... fresh seeds it is the rise in temperature of silo has damaged the seeds which have turned black with loss in oil content?. 22. further, it is settled law that contract of insurance is based upon good faith. it is the duty of the insurers and their agents to disclose all material facts within their knowledge since obligation of good faith ..... referred to fire insurance law by herbert taylor wherein the author has observed that the meaning of the word fire for purposes of a policy may be limited by the contract, and the wording chosen by the parties must always be considered in order to ascertain their intentions. fire occurs only when there is ignition : spontaneous fermentation or heating without ignition ..... 7, as per the policy which covers damage by such items namely fire, lighting, explosion, etc. (c). thirdly, recovery of additional premium indicates the nature of the contract that subsists between the parties. that contract cannot be of giving insurance coverage only in case of damage by fire. if that contention is accepted, the object and purpose of payment of additional premium .....

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Feb 11 2013 (TRI)

Life Insurance Corporation of India Through Its Branch Manager and Oth ...

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?. 7. we agree to the principle enunciated in this judgment but this citation does not help to the respondent as petitioner is not deleting or ..... ) ltd. vs. united india insurance co. ltd. and anr. in which honble apex court observed as under: 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 ..... appeal without assigning any reasons; hence, petition be allowed and impugned order be set aside. on the other hand, father of the respondent submitted that parties are bound by the contract and as complainant was paying premium as shown in term table 79-30, petitioner had no authority to change it into term table 14-30 and order passed by learned .....

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Aug 16 2012 (TRI)

Cholamandlam Ms General Insurance Co. Ltd. and Another Vs. Narsimulu

Court : National Consumer Disputes Redressal Commission NCDRC

..... cheque for collection. the cheque of the respondent was dishonoured for the reason of insufficient funds. thus, respondent failed in his promise and cannot make a claim pleading that the contract of insurance continued to subsist even on dishonour of the cheque. since, cheque submitted by the respondent was dishonoured, therefore insurance policy issued in his favour was cancelled on 15 .....

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May 17 2013 (TRI)

Mohan Singh Vs. National Insurance Co. Ltd. and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... by taking plea of concealment of fact of vehicle having been insured with new india insurance company. 8. learned counsel for the respondent on the contrary has submitted that insurance contract is a matter of trust and in the instant case admittedly the petitioner has obtained double insurance cover concealing the existence of earlier third party insurance. therefore, the respondent was .....

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Jul 03 2012 (TRI)

Tomy Parathattil (House) Muthalakkudam P.O. Thodupuzha, Kerala and Ano ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... defect and he had only supplied materials to the petitioners. respondent is only manufacturing the beams and shells intended for the roof of the structure. he had not undertaken any contract work or supervision for the construction of the petitioners building. if any leakage has occurred, it may be due to the poor workmanship of the masons who have done the .....

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Sep 05 2013 (TRI)

Adarsh Chemicals and Fertilizers Ltd. and Another Vs. United India Ins ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... may be therefore concluded that the loss in both cases falls equally, within the contract?. 19. in sri venkateswara syndicate vs. oriental insurance co.ltd. and anr., (2009) 8 scc 507, it was held that appointing surveyors one after another so as to get a ..... complainant has also cited few authorities in his favour. in harris vs. poland, lloyds list law reports, vol.69-35, march, 12, 1941, it was held :- the object of the contract is to indemnify the assured against accidental loss by fire, and so long as the property is accidentally burnt, the precise nature of the accident seems to be immaterial. it .....

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Nov 01 2013 (TRI)

Tainwala Personal Care Product Pvt. Ltd. Vs. Royal Sundaram Alliance I ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... / arbitrators of the amount of the loss or damage shall be first obtained.? 4. the insurance company declined to appoint an arbitrator, inter alia, contending that there was no concluded contract of insurance between the parties. the complainant approached the honble high court of bombay, which, vide its order dated 07.05.2012, disposed of the application. the honble high court ..... , by the honble high court, bombay, the petition was filed immediately in this commission, on 13.08.2012. counsel for the opposite party further argued that there was no concluded contract. section 14 of the limitation act requires that the request made by the complainant should be bonafide. he contended that after having lost the battle in one forum, the complainant .....

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Dec 05 2012 (TRI)

R.W.H. Ghyaz Ahmed Vs. New India Assurance Co. Ltd. and Others

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.? 11. in general assurance society ltd. v. chandmull jain, 1966 acj 267 (sc), a constitutional bench of the apex court observed that: in interpreting documents ..... ) cpj 38 (sc)=viii (2010) slt 375=iv (2010) acc 653 (sc)=the honble apex court held: 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 ..... relating to a contract of insurance, the duty of the court is to interpret the words in which the contract is expressed by the parties, because it is not for the court to make a new contract, however, reasonable, if the parties have not made it themselves.? 12. the revision petition .....

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Feb 07 2014 (TRI)

Deepak Annasaheb Patil and Another Vs. Dr. Kaushali Vilas Rokade and O ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... granted the some changes, therefore, the commercial using of carpet area has enhanced and about that enhanced carpet area the developer has binding to give the rent as per the contract and the said change is granted on the condition that, if the developer has constructed the enhance commercial using carpet area same is constructed to resi- dential using carpet area .....

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