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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Year: 2013 Page 1 of about 40 results (0.019 seconds)

Feb 07 2013 (TRI)

United India Insurance Co. Ltd. Vs. Lanco Rani Joint Venture and Anoth ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-07-2013

..... company ltd., i (2005) cpj 27 (nc)=(2006) 5 cpr 1 (nc), in which this commission has taken the view that contract of insurance is a contract of indemnity and, therefore, question of any of commercial activity does not arise. it has been held that the insured, who takes the insurance policy ..... 21/07 and first appeal no. 320/07 are identical. complainant company is seeking payment in accordance with the policy contract and the surveyors report whereas the insurance company claims that if the policy and the surveyors report is implemented, it would lead to violation of ..... case, it is held that the complainant had taken the insurance company for getting indemnified for the loss, if any, during the execution of the contract. this would not amount to any commercial activity. complaint is held to be maintainable. 22. the issues involved in both, consumer complaint no. ..... companies. since the quotation of rs. 71,64,272 given by the opposite party/respondent insurance company was the lowest, they were awarded the contract. the opposite party/respondent issued the contractors all risk (car) policy to the complainant on payment of two instalments of the premium as ..... before the consumer fora. findings: in the following facts are not disputed. complainant, a partnership firm engaged in the construction business was awarded a contract by the opposite party no. 2, national highway authority of india for widening/construction of 413 kms. road, bridges, flyovers and culverts in the .....

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Apr 02 2013 (TRI)

Dr. Tarunjit Dutta Roy Vs. the Branch Manger the New India Assurance C ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Apr-02-2013

..... petitioner by the respondents, but the respondents herein did not take any step. - the fact remains that the petitioner was duly covered under the medical indemnity policy when the cause of action arose and the policy was valid without any doubt. the learned state commission, west bengal simply considered the condition ..... 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. in the case of vikramgreentech india limited and anr. vs new india assurance company ltd., - (2009) 5 supreme court ..... take liberalism to the extent of substituting the words which are not intended. 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 ..... to a series of decisions of this court wherein it has been held that it is the duty of the court to interpret the document of contract as was understood between the parties. in the case of general assurance society ltd., vs chandumull jain scr at p 510 a-b it was ..... insurance co. ltd., vs sony cheriyan this court held (scc p 455, para 17) the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms .....

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Feb 19 2013 (TRI)

Andagro United Services Ltd. Vs. United India Insurance Co. Ltd. and A ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-19-2013

..... against the full insurable value, for any sum received by him under any other policy; (d) where the assured receives any sum in excess of the indemnity allowed by this act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves?. 23. in ..... claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this act; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation ..... or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this act, the assured is said to be over-insured by double insurance. (2) where the assured is over-insured by double-insurance:- ( ..... we will not take the subject claim from our marine insurance company and that at the time of payment of claim to us we shall furnish an indemnity bond to this effect to the central warehousing corporation. we trust you will find the above in order and expedite settlement of our claim at the ..... , can also not transfer its rights under the policy to a third-party without the consent of op1 as the insurance policy is a personal contract between the contracting parties. the complainant cannot acquire a right to sue under the policy and cannot maintain the petition against the op1. the complainant had no right .....

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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

Decided on : Jul-08-2013

..... 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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Oct 29 2013 (TRI)

N. Manohar Reddy Vs. Happy Farm and Resorts and Others

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Oct-29-2013

..... and conspectus of the provisions of the act we think that the contention is not well founded. the parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action in a competent court of .....

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Oct 10 2013 (TRI)

New India Assurance Company Ltd., Through Manager Vs. Manish Abhay Bed ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Oct-10-2013

..... the question as to whether the cancellation was valid or not. the jurisdiction of the consumer fora can only be invoked if there is a privity of contract. once there is no privity of contract, the complainant is not a consumer and therefore, the complaint itself was not maintainable. * the complainant, if aggrieved, could have challenged the cancellation of the policy, if ..... of the petitioner company. * once the policy was cancelled, the question of payment of claim does not arise. the complaint itself was not maintainable as there was no privity of contract between the complainant and the petitioner company. the complainant in any case was not entitled to challenge the cancellation in any manner as she was not privity to the ..... contract. the cancellation having been not challenged by the insured could not have been challenged by the complainant. * the state commission erred in recording the finding that the letter refunding the ..... laxmi narain dhut iii (2007) cpj 13 (sc) = iv (2007) slt 102 = ii (200and) acc 28 (sc) has held that the policy is a contract between the parties and both the parties are bound by terms of contract?. in the case of nand kumari and ors vs oriental insurance co. ltd., - i (2012) cpj 357 (nc), the national commission has held that .....

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May 30 2013 (TRI)

Sandeep Suresh Yeolekar and Another Vs. Sow Snehalata and Another

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-30-2013

..... it was denied in case of the builder who claimed 18% penal interest from the complainant towards the balance amount to be received from the complainants for specific performance of contract. - along with the revision petition, there is an application for condonation of delay. in the application, nowhere are the number of days to be condoned mentioned. as per the office ..... local market, therefore, the builder has lost his good will and reputation in the entire city and for that purposes only, they have insisted and asked for specific performance of contract. they are ready to hand over the house and to execute final deed. in this back ground of the matter, the petitioners were justified in claiming that the plea of ..... for the revision petition are as follows: - the courts below ought to have considered that the legal notice was issued by the complainants only in respect of specific performance of contract. the petitioner builders too had agreed to hand over the physical possession of the row house informing that almost 90% of the construction work is over and minor finishing is .....

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Sep 04 2013 (TRI)

M/S. Rohit Chemical and Allied Industries Pvt. Ltd. Village Sallewal V ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Sep-04-2013

..... resale, the object of the act appears to be to exclude such commercial transactions from the purview of the act. instead, legislature intended to confine the redressal to the services contracted or undertaken between the seller and the consumer, defined under the act. it is seen that the appellants admittedly entered their letters of credit with the respondent. the respondent is .....

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May 17 2013 (TRI)

United India Insurance Company Ltd. Through the Regional Manager Vs. G ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-17-2013

..... have gone through the record. 10. it has been argued by learned counsel for the petitioner that respondent no.1 is not a consumer as there was no privity of contract between him and the petitioner. it is further contended that respondent no.1 never approached petitioner for transferring the insurance policy of the vehicle neither petitioner received any cheque on .....

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Mar 19 2013 (TRI)

New India Assurance Co. Ltd. Vs. Ashok Kumar

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Mar-19-2013

..... policy was not endorsed in the name of respondent transferee. therefore, the insurance company was not liable to pay the claim because there is no privity of contract between the petitioner/opposite party and the respondent/complainant. learned counsel for the respondent on the contrary has argued in support of the orders of the fora below ..... name to enable the petitioner-company to make necessary changes in the record and issue fresh certificate of insurance. the respondent/complainant thus did not get the insurance contract transferred in his favour. therefore, he did not acquire any insurable interest in the stolen vehicle on the date of theft. section 157 of the motor ..... ., damage caused to the vehicle of the insured himself, that would be a matter falling outside chapter xi of the new act and in the realm of contract for which there must be an agreement between the insurer and the transferee, the former undertaking to cover the risk or damage to the vehicle. in the ..... are two third parties when a vehicle is transferred by the owner to a purchaser. the purchaser is one of the third parties to the contract and other third party is for whose benefit the vehicle was insured. so far, the transferee who is the third party in the ..... contract cannot get any personal benefit under the policy unless there is a compliance of the provisions of the act. however, so far as third .....

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