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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Year: 2014 Page 1 of about 22 results (0.016 seconds)

Feb 26 2014 (TRI)

Oriental Insurance Co. Ltd. Rep by the Divisional Manager Vs. Jagrut N ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-26-2014

..... insurance company however denied its liability to pay compensation to the respondents complainants on the ground that it had no privity of contract either with the complainants or with the hospital. it was pleaded that the professional indemnity dr. (ima) insurance policies were issued in the name of individual doctors against whom no specific allegations of medical negligence ..... have held the petitioner jointly and severally liable to pay compensation without returning finding of medical negligence against anyone of the above noted doctors who were insured vide professional indemnity dr. (ima) insurance policies. in absence of any allegation or finding of medical negligence on the part of anyone of the insured doctor, the fora below have ..... the liability of the petitioner insurer to pay the awarded amount jointly and severally alongwith opposite party hospital has been fixed by the fora below in view of six professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. ..... consumer organization jagrut nagrik trust filed separate consumer complaints seeking compensation from the hospital and the petitioner insurance company. allegations against the insurance company were that they had issued professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. chokshi .....

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Feb 26 2014 (TRI)

Oriental Insurance Co. Ltd. Rep by the Divisional Manager Vs. Jagrut N ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-26-2014

..... insurance company however denied its liability to pay compensation to the respondents complainants on the ground that it had no privity of contract either with the complainants or with the hospital. it was pleaded that the professional indemnity dr. (ima) insurance policies were issued in the name of individual doctors against whom no specific allegations of medical negligence ..... have held the petitioner jointly and severally liable to pay compensation without returning finding of medical negligence against anyone of the above noted doctors who were insured vide professional indemnity dr. (ima) insurance policies. in absence of any allegation or finding of medical negligence on the part of anyone of the insured doctor, the fora below have ..... the liability of the petitioner insurer to pay the awarded amount jointly and severally alongwith opposite party hospital has been fixed by the fora below in view of six professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. ..... consumer organization jagrut nagrik trust filed separate consumer complaints seeking compensation from the hospital and the petitioner insurance company. allegations against the insurance company were that they had issued professional indemnity dr. (ima) insurance policies in the name of dr.shah anisha, dr.vadhani rajshree, dr. pala sajida ismail, dr. thakkar bhadresh, dr.jiruwala fakhri, dr. chokshi .....

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May 20 2014 (TRI)

Kalyan Singh Chauhan Vs. National Insurance Company Through Division M ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-20-2014

..... the above noted condition of limitations as to use? of the insurance policy which is reproduced above, the respondent complainant cannot claim indemnity in view of the violation of the expressed limitations as to use? provided in the insurance contract. in our aforesaid view, we find support from the judgment of the supreme court in the matter of vikramgreentech india ltd. and ..... fundamental breach of insurance policy. 13. in view of the discussion above, it is clear that this is a case of fundamental breach of terms and conditions of the insurance contract. therefore, we do not find any jurisdictional error or material irregularity in the order of the state commission which may call for interference by this commission in exercise of revisional ..... not cover use for (a) organised racing, (b) pace making, (c ) reliability trails, (d) speed testing.? 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 .....

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Apr 02 2014 (TRI)

The Chief Post Master General, Odisha Circle, at/Po-pmg Square, Bhuban ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Apr-02-2014

..... . 3. the consumer complaint was contested by the petitioners stating that the maturity value as admissible was paid to the insured and there has not been any violation of the contract. however, there was some error in the calculation of the premium while conversion of wla policy to endowment policy. 4. the district forum allowed the complaint and held the petitioners .....

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Feb 19 2014 (TRI)

Heights Trade Pvt. Ltd. Vs. Uco Bank

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-19-2014

..... by complainants who are carrying on commercial activities cannot be held to be a commercial purpose. the policy is taken for reimbursement or for indemnity for the loss which may be suffered due to various perils. there is no question of trading or carrying on commerce in insurance policies by ..... the value of the dollar will come down and heights trade pvt. ltd., will be helped to recover its losses by being providing with ongoing forward contracts facility; (c) emotional blackmail was also done that due to negligence, a number of uco bank staff may lose their jobs.? the complainant withdrew the ..... and accumulated water at fields and because of logistic problems at that point of time making it difficult to export obligations, resulting in cancellation of contract by the foreign buyers. 6. the complainant has requested the op bank to cancel the forward contractsvide communication dated 25.7.2013. the prevailing ..... 2. 4. it is explained that banks, like the op, did not have any back to back arrangements with foreign institution regarding individual hedging contracts, such as entered with the complainant. the banks carry on day-to-day assessment of their foreign exchange holdings due to remittances to be made ..... rupee gains against the dollar, then, even in the event of pre-cancellation, the exporter will get credit of the difference. 3. however, no contract document was ever signed between the complainant and the op. there was simply an e-mail from the banks side which also does not, either .....

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May 23 2014 (TRI)

Pradeep Kumar Diwan and Another Vs. Gayatri Devi Chokhani and Others

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-23-2014

..... you and such act and conduct on your part have unequivocally proved and/or evidenced your deliberate act of non-performance of your part of contract tantamounting to total unwillingness to perform your part of obligations and thus your said act and conduct have irresistibly proved that you have deliberately avoided ..... been cancelled and/or repudiated by the complainant himself. the complainant willfully and deliverately concealed and suppressed the said fact of repudiation of the alleged contract of his part and has lodged the above complaint on false, frivolous and misconceived grounds having no genuine cause of action to file the same. ..... and inside common portions of cement plasters and colors. the said flat and building had to be delivered within three months from the date of this contract. 3. the said flat was booked by the petitioners for use by themselves as well as by their family members. 4. the petitioners were ..... commerce, 32, chowringhee road, kolkata 71 and the cheque was cleared from the drawers a/c and as per the terms of the said contract, the balance consideration amount had to be paid by the purchasers on transfer and possession of the said flat as well as the said building in ..... state commission?) in first appeal no.161 of 2011. 2. the facts of the present case as per petitioners/complainants are that an agreement/contract was entered into between the land owners/vendors and developer and petitioners on 2.2.2006 for a self-contained flat on a total consideration of rs .....

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May 13 2014 (TRI)

World Wide Immigration Consultancy Services Ltd. and Another Vs. P. Je ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-13-2014

..... act has been transgressed. it was not a case where such a view could have been taken, by setting aside the concurrent finding of two fora.? 15. as per the contract of engagement which is dated 29.1.2009 executed between the parties, amongst others the duties of the petitioner company are as under; 1. duties of the company: in consultation ..... incomplete documents, mainly the experience certificate which does not contain detailed job duties. further, petitioners never agreed to refund 50% of the fees. moreover, as per clause 10 of the contract it is clear that the services provided by the petitioner company being professional in nature, the entire fee is non-refundable. respondents case was rejected not due to deficiency on ..... will not cover a 100% guarantee of migration to canada, since sanction for migration is to be granted by the canadian authorities. respondent as per clause 2 (a) of the contract was required to submit the complete documents within 30 days from the date of signing the agreement. however, respondent in spite of the repeated requests failed to submit the complete .....

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Jan 13 2014 (TRI)

Shnyni Valsan Pombally Vs. State Bank of India, Santo Estvam Branch an ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Jan-13-2014

..... the other into a bargain from his ignorance of the fact, and his believing the contrary.? 15. bearing in mind the aforenoted principle governing a contract of insurance, we may advert to the facts at hand. as stated above, for returning the finding that the deceased/insured had obtained the insurance ..... 14. referring to the decision in the case of carter vs. boehm - (1766) 3 burr 1905, the apex court noted:- insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter trusts ..... repudiate their liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into a contract of insurance. 13. in this behalf it would be useful to notice the following observations of the supreme court in satwantkaurs case (supra):- thus ..... duty to disclose correctly all material facts which are within his personal knowledge or which he ought to have known had he made reasonable inquiries. a contract of insurance, therefore, can be repudiated for non disclosure of material facts.? 11. the question for examination is as to whether in the ..... order, we are of the opinion that there is no merit in this revision petition. it is a well settled proposition of law that a contract of insurance is based on the principle of utmost good faith uberrimaefidei, applicable to both the parties. the rule of non disclosure of material .....

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May 06 2014 (TRI)

Col. T.S. Bakshi Retd. Vs. Star Health and Allied Insurance Co. Ltd. T ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-06-2014

..... admittedly, the insurance policy was obtained by jaspreet singh bakshi for self, his wife and son sahaj singh. the petitioner is neither the insured nor the beneficiary under the insurance contract. therefore, technically speaking he could not have maintained the consumer complaint in his name. however, on perusal it is clear that the consumer complaint was filed by the petitioner ..... counsel for the opposite party on the contrary has argued in support of the impugned order. he has contended that the foras below have rightly appreciated and interpreted the insurance contract and there is no jurisdictional error or material illegality in the impugned order which may call for interference by this commission in exercise of revisional powers. 6. learned counsel ..... district forum by majority of 2 : 1 came to the conclusion that the opposite party was right in repudiating the claim in view of exclusion clause-2 of the insurance contract. being aggrieved of the order of the district forum the petitioner preferred an appeal before the state consumer disputes redressal commission, ut chandigarh. the state commission concurred with the ..... opposite party claiming that as per exclusion clause-2 of the insurance policy the insurance company was not liable to make payment under the policy if the insured person contracted any disease during the first 30 days from the date of commencement of the insurance policy. being aggrieved by the repudiation the petitioner filed the consumer complaint before the .....

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Apr 01 2014 (TRI)

M/S. Ganga Immigration and Education Services Pvt. Ltd. and Another Vs ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Apr-01-2014

..... refused to perform the work as assigned by the employer and returned to india on their own. as per the agreement, petitioners perform their part of contract but respondents were negligent to perform their part of contract. it was admitted that the respondents made payment of rs.50,000/- to the petitioners. from rs.50,000/- petitioners spend more amount on visa .....

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