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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 7 of about 101 results (0.019 seconds)

Sep 13 2012 (TRI)

N.P. Mahadevan Vs. Central Bank of India

Court : National Consumer Disputes Redressal Commission NCDRC

..... pertaining to the complainants sb a/c no. 6204 for rs. 1,00,000/- was presented for clearing through canara bank, chennai by one kamalapathy, who was working as a contract security watchman with the employer of the complainant till 12.12.2002. the complainant contends that he never issued the said cheque. it also came to light that two other .....

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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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Sep 27 2013 (TRI)

Indian Overseas Bank J P Nagar Branch Mysore Represented by Its Senior ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... petition. the main grounds for the revision petition are that: the state commission erred in holding op no. 1 the bank had taken a wrong policy. there is no special contract to take a particular policy or that there is no question of taking any wrong policy. it is submitted that there is no mistake by bank. in fact the dispute .....

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Apr 04 2013 (TRI)

M/S. Shree Balaji Woolen Mills Vs. the Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... to perform. in short, there cannot be any dispute. consequently, there cannot obviously be reference to arbitration of any dispute arising from a discharged contract. whether the contract has been discharged by performance or not is a mixed question of fact and law, and if there is a dispute in regard to that ..... was on account of fraud/coercion/undue influence practiced by the other party and is able to establish the same, then obviously the discharge of the contract by such agreement/voucher is rendered void and cannot be acted upon. consequently, any dispute raised by such party would be arbitrable. obtaining of ..... he seek reference to arbitration in respect of any claim. when we refer to a discharge of contract by an agreement signed by both parties or by execution of a full and final discharge voucher/receipt by one of the parties, we refer ..... and final satisfaction of all claims, and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim. nor can ..... are no outstanding claims or disputes, courts will not refer any subsequent claim or dispute to arbitration. similarly, where one of the parties to the contract issues a full and final discharge voucher (or no due certificate as the case may be) confirming that he has received the payment in full .....

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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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May 20 2014 (TRI)

Didar Singh and Another Vs. Reliance General Insurance Co. Ltd. Throug ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... on the date of theft. alleging deficiency on part of op, complainants filed complaint before district forum. op/respondent resisted complaint and submitted that as there was no privity of contract between major singh and op and original owner didar singh had transferred the vehicle to major singh without any intimation to the op, claim was rightly repudiated and prayed for .....

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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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