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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: orissa Page 1 of about 1,123 results (0.067 seconds)

Sep 22 1972 (HC)

The South India Insurance Co. Ltd. Vs. Purna Chandra Misra and ors.

Court : Orissa

Reported in : AIR1973Ori166; 38(1972)CLT1196

..... interest in that car. an insurance policy being a contract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. therefore, the motor car specified in the policy ..... or incurred after any variation in or termination of the insured's interest in the motor car. xx x xx 4. it is well settled that a contract of insurance is nothing but a contract of indemnity. the policy issued is with reference to a specified car, owned by the policy-holder and consequently the policy will remain effective while he retains an ..... interest to which the policy in his favour can relate and continue to have force. the basis of the contract of insurance is not merely the person in whose favour an insurance is effected but also the specified car to which the indemnity relates, as will be clear from the details required of the car which are not in the schedule to ..... the policy. it is with reference to those details and the history of the vehicle and its owner that the premiums payable on the insurance is determined and the contract is formed. it, therefore follows that .....

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May 13 1949 (PC)

Govinda Mohapatra Vs. T. Venkatakrishnayya and ors.

Court : Orissa

Reported in : AIR1950Ori6

..... interest whatever it may be whether the price be settled by private bargain or determined by public competition together with an indemnity against the encumbrances affecting the land. the contract of indemnity may be express of implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... cannot be held entitled to a debtor's relief. where however the subsequent purchaser has to pay with the result that he fulfils the indemnity condition of the mortgagor and is in the ultimate end entitled to call upon the mortgagor to compensate him for the payment to mortgagee in ..... his judgment with the observation :'if the contention of the appellant in this case were accepted it would amount to the terms of the contract between the parties being altered and the benefit of the alteration would not be going to the person for whose advantage the legislature enacted it ..... be invalid, the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete. he cannot pick up ..... more than a contract of indemnity. the purchaser takes the property subject to the burden attached to it. if the encumbrances turn out to .....

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Nov 05 1993 (HC)

The Oriental Insurance Company Ltd. Vs. Harapriya Nayak and ors.

Court : Orissa

Reported in : 1994(I)OLR88

..... not accessible to the insurers and he is bound to disclose to them everything which is likely to affect their judgment. insurance is a contract of indemnity not against accident, but against loss caused by accident. these aspects have been highlighted by n. p. picard in his book 'elements ..... good to the assured any loss which he may sustain by reason of the named peril. the contract of insurance is called an sleatory contract because it depends upon an uncertain event. therefore, indemnity is the first principle of insurance. the second great principle is that the assured must have an ..... was false in some material particular in cannot be said in all cases that even knowing that there was accident the insurer agreed to indemnity the accident which might have taken place that date prior to taking of the insurance policy. section 64-vb of the insurance act, ..... insurable interest, i.e., to effect a valid contract of insurance the assured must have something at stake, something to lose by the happening ..... of insurance law'. the burden of proving that the insured is guilty of non-disclosure or misrepresentation of a material fact lies on the insurer. where the proposal is made the basis of the contract .....

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Jan 30 1995 (HC)

The United India Insurance Co. Ltd. Vs. Kamalalochan Kamalo and ors.

Court : Orissa

Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445

..... the position nor can such a proposition spelled out from the act. the liability of an insurer cannot be the insurance policy. the contract of insurance is a contract of indemnity and the purpose is to indemnify the insured and is definitely limited to the risk covered and to the extent of the sum assured ..... premium schedule showing the premium paid for different risks covered under the policy. it being a contract of indemnity, the rights and liabilities of the insured and the insured are governed by the terms and conditions contained in the contract, i.e., insurance policy. in this view of the matter, it cannot be said ..... ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability inrespect of the death of or bodily injury to persons being carried in or upon or entering or mounting or ..... risk of the passengers travelling in a goods vehicle and, as the deceased was not travelling in the goods vehicle by virtue of or under a contract of employment, the liability was not required to be covered under the act.4. the claimant did not enter the witness-box. he however, filed ..... entered appearance and denied its liability on the ground that carrying passengers in a goods vehicle was in violation of the terms and conditions of the contract of insurance. it contended that in view of the admitted position, that the deceased was a passenger and this fact being further borne out from .....

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Mar 06 1991 (HC)

National Insurance Co. Ltd. Vs. Mayadhar Pal and ors.

Court : Orissa

Reported in : II(1994)ACC102

..... is given subsequent to the actual date of transfer it operates retrospectively. the submissions though prima facie attractive do not stand close scrutiny.5. a policy of insurance is a contract of indemnity. insurance is available to the owner of the vehicle and is not related to the vehicle itself. when the insured ceases to be the owner of the vehicle, the ..... contract becomes inoperative. a policy of insurance cannot be transferred by the insured without the consent of the insurer. that is the underlying principle of section 103-a. there is a ..... novation of the contract once the insurer agrees to transfer and the original assured is substituted by die new assured, transferee to whom the policy has been transferred. by operation of a deeming provision .....

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Mar 06 1991 (HC)

National Insurance Company Ltd. Vs. Mayadhar Pal and ors.

Court : Orissa

Reported in : 1993ACJ444; AIR1992Ori268; (1993)IILLJ523Ori

..... is given subsequent to the actual date of transfer it operates retrospectively. the submissions though prima facie attractive do not stand close scrutiny.5. a policy of insurance is a contract of indemnity. insurance is available to the owner of the vehicle and is not related to the vehicle itself. when the insured ceases to be the owner of the vehicle, the ..... contract becomes inoperative. a policy of insurance cannot be transferred by the insured without the consent of the insurer. that is the underlying principle of section 103-a. there is a ..... novation of the contract once the insurer agrees to transfer and the original assured is substituted by the new assured, transferee to whom the policy has been transferred. by operation of a deeming provision .....

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Mar 17 1961 (HC)

Bankim Bihari Roy Vs. Halima Bibi and anr.

Court : Orissa

Reported in : AIR1962Ori54

..... bill for the amount of debt. on appeal from a decision of mathew, j. the court of appeal held that this promise was not a contract of indemnity but was a 'promise to answer for the debt of another' within section 4 of the statute of frauds and that as it was not ..... held that the defendant simson was discharged from liability under the bond. thus, there is no doubt that the principles underlying section 135 of the contract act apply to the cases of security-bonds though the section in terms does not apply. the equitable principles being applied, there is not much of ..... for payment or impairs the surety's remedies against the principal debtor which he could have been entitled to pursue on discharging ms obligations converts the contract between the creditor and debtor into, a different one from what the surety had stood a guarantee for, would entitle the surety to be relieved ..... on appeal the district judge discharged the surety from his obligation. before the high court it was contended that the principle underlying section 135 of the contract act is applicable. since the first defendant entered into a compromise with the plaintiff without the assent of the surely, the latter is discharged from ..... a composition; the former promising, to give the latter time for performance of the decree. thus, the surety stands discharged unless ha assents to such a contract. for this purpose,both the courts below as stated earlier, had relied upon a decision of this court in ilr (1957) cut ,152, to which .....

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Feb 02 2010 (HC)

Smt. Tulasi Sahukar Vs. New India Assurance Company Limited and ors.

Court : Orissa

Reported in : 2010(I)OLR795

..... favour, the learned tribunal rightly held that insurance company is not liable to pay compensation on account of accident involving the offending vehicle. it was argued that contract of indemnity between the insurance company and insurer-owner came to an end with his death on 18.3.1997. it was further contended that as the claim application was ..... . section 156 of the m.v. act reads:156. effect of certificate of insurance.- when an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then:(a) if and so long as the policy described in the certificate has not been issued by the ..... 5. the aforesaid provision shows that it was intended to cover two legal objectives. firstly, that no one who was not a party to a contract would bring an action on a contract; and secondly, that a person who has no interest in the subject matter of an insurance can claim the benefit of an insurance. thus, ..... there 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 party injured .....

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Feb 02 2010 (HC)

Smt. Tulasi Sahukar. Vs. New India Assurance Company Limited and ors.

Court : Orissa

..... favor, the learned tribunal rightly held that insurance company is not liable to pay compensation on account of accident involving the offending vehicle. it was argued that contract of indemnity between the insurance company and insurer-owner came to an end with his death on 18.3.1997. it was further contended that as the claim application ..... 16. section 156 of the m.v. act reads:-"156. effect of certificate of insurance.- when an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then- (a) if and so long as the policy described in the certificate has not been issued by ..... ."5. the aforesaid provision shows that it was intended to cover two legal objectives. firstly, that no one who was not a party to a contract would bring an action on a contract ; and secondly, that a person who has no interest in the subject matter of an insurance can claim the benefit of an insurance. thus, ..... there 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 party injured .....

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May 09 2008 (HC)

Yudhistira Sethi and anr. Vs. National Insurance Co. Ltd. and anr.

Court : Orissa

Reported in : 2008ACJ2610

..... that a tribunal approached with a claim for compensation under the act should ignore all the basic principles of law in determining the claim for compensation. ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and is being driven by a driver employed by the insured, when it meets .....

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