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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 9 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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Sep 11 2012 (TRI)

Pushpanjali Farm Owners and Residents Association Vs. Ansal Properties ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... be of no help to justify the decision not to provide the country club. 24. further, it is contended by learned counsel of the op that there was no completed contract for provision of the country club. nor was there a commitment to provide it in the sale deeds signed with the individual vendors. these arguments pale into insignificance when seen .....

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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 29 2012 (TRI)

K. Yusuf Basha and Others Vs. Bharath Earth Movers Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... also avoid off road? conditions. it is further explained that certain items were replaced more as a matter of courtesy rather than as an obligation going by the terms of contract. it is also pleaded that many times defects which were found were attributable to the mishandling of the equipment at the hands of the complainants. any deficiency in service on ..... complaint within time.? 16. mr. v. prabhakar, countered the above contention of the op by submitting that in the present case, cause of action was a continuing one because the contract of sale of equipment was coupled with agreement of warranty and since the complainant has alleged defect in the service performed by the op, i.e., it failed to rectify .....

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Mar 07 2013 (TRI)

M/S. Contour Holiday Resorts Private Ltd. Vs. K.N. Bhuvanendranatha Ka ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... law. respondent filed a suit before munsiff court for permanent prohibitory injunction reserving the right to move the appropriate forum. but same was dismissed as matter related to breach of contract. the respondent had to conduct marriage in a comparatively small hall in a hurry. the loss and mental agony caused to respondent and his family cannot be expressed in the .....

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Mar 07 2013 (TRI)

M/S. Contour Holiday Resorts Private Ltd. Vs. K.N. Bhuvanendranatha Ka ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... law. respondent filed a suit before munsiff court for permanent prohibitory injunction reserving the right to move the appropriate forum. but same was dismissed as matter related to breach of contract. the respondent had to conduct marriage in a comparatively small hall in a hurry. the loss and mental agony caused to respondent and his family cannot be expressed in the .....

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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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Dec 02 2013 (TRI)

Baljeet Vs. United India Insurance Company Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... be looked into and the insurance company cannot repudiate the claim on that basis. in the facts and circumstances of the case, the real question is whether, according to the contract between the respondent and the appellant, the respondent is required to be indemnified by the appellant. on the basis of the settled legal position, the view taken by the state .....

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