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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 1 of about 1,401 results (0.032 seconds)

May 27 1987 (HC)

Labh Singh Vs. Sunehri Devi and ors.

Court : Punjab and Haryana

Reported in : II(1987)ACC282; AIR1988P& H149; [1989]65CompCas273(P& H)

..... of any express stipulation to the contrary in the policy the moment the insured parts with the car, the policy relating to it lapses. the insurance policy being a contract of personal indemnity, the insurer cannot be compelled to accept responsibility in respect of third party who may be quite unknown to them.'8. it was thus held that the position of ..... if the original policy-holder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurance cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him. mr. l.m. suri, counsel for ..... high court of madhya pradesh in balwant singh v. jhannubai, 1980 acc cj 126, where it was held, 'it is also well settled law that a contract of insurance is nothing but a contract of indemnity. the policy is with reference to a specified vehicle owned by the policy-holder and consequently the policy remains effective while the policy holder retains an interest ..... than what is set out in sub-sec.(2); that it cannot raise the defence that the policy has lapsed because of sale of vehicle; it cannot contend that its contract is with the transferor and, therefore, it is not liable to redeem the compensation payable by the transferee, as such defences are not contemplated under s. 96(2) of the .....

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Nov 20 1984 (HC)

New India Assurance Co. Ltd. Vs. Jolly Engineers and Contractors (P) L ...

Court : Punjab and Haryana

Reported in : [1986]59CompCas808(P& H)

..... of any express stipulation to the contrary in the policy, the moment the insured parts with the car, the policy relating to it lapses. the 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.'12. finally, as regards the contention that in ..... even if the original policyholder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurer cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him. mr.l.m, suri, counsel for ..... the high court of madhya pradesh in balwant singh v. jhanubai [1980] acj 126, where it was held :' it is also well-settled law that a contract of insurance is nothing but a contract of indemnity. the policy is with reference to a specified vehicle owned by the policy holder and consequently the policy remains effective while the policyholder retains an interest in .....

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Nov 12 1980 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Sant Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1981P& H143

..... lal, 1964-66 pun lr 804.it has been held in oriental fire & general insurance co limited's case (supra).'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 vehicle owned by the policy holder and consequently the policy remains effective while the policy holder retains an .....

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Jan 05 1982 (HC)

Oriental Fire and General Insurance Co. Ltd. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1982P& H267; [1984]55CompCas28(P& H)

..... , that aspect of the matter will be governed by the general substantive law, which remains untouched by this special law. we have already shown that it is on the contract of indemnity that the insurer is liable to pay compensation only if the insured is liable to pay damages to the claimant. if the insured is not liable, then the insurer is ..... remedies against a person primarily liable for the loss.'now the statutory definition of a contract of indemnity is in the following terms in s. 124 of the contract act:--'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by ..... entitled to make a profit (out?) of his loss.'6. equally authoritative is the following enunciation of law in leake on contracts:--'insurance is a contract of indemnity only; consequently, an insurer of property, upon payment of the amount due under the contract, is subrogated to the assured, that is, is considered in equity as standing order in the place, and may pursue his ..... the provisions of the m. v. act, 1939 (hereinafter referred as 'the act').5. at the very threshold, the true nature of the contract of insurance deserves highlighting. that the very corner stone thereof is the principle of indemnity is now so well settled that it would be wasteful to elaborate this aspect. it suffices to recall the following from the authoritative .....

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Dec 05 1951 (HC)

NaraIn Singh and anr. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1953P& H110

..... encumbrances the vendor gets the price of his 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 or implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a ..... , 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 second point appears to the to be covered by the words-'the contract of indemnity may be express or implied. if the. purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... more than a contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out ..... contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the encumbrances turn out to be invalid, the vendor has nothing to complain of. he has got what he bargained for. his indemnity is complete. he cannot pick up the burthen of which the land .....

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Oct 28 1996 (HC)

National Insurance Co. Ltd. Vs. Smt. Santro Devi and ors.

Court : Punjab and Haryana

Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667

..... is in a position to control the conduct of the insured or insurer in the use of vehicles in public place. there is no gain-saying that the contract of indemnity is not a personal contract in that sense with the third person. it is the third party's right against the insured undertaken by the insurer to re-imburse the insured under ..... of loss too. insurer cannot be antagonised because its participation in carrying out the welfare activities of government which is the governmental functions.34. the contract of motor insurance in essence is one of the indemnity for consideration which guarantees the insured, compensation for the loss or risk in case of an accident or loss or damage suffered totally or partially stipulated ..... the holder of a fake driving licence renewed by a competent authority, would not amount to violation of the conditions of contract or of insurance policy. it would not be violating either conditions of indemnity or the insurance policy or the contract or violation of any statutory provisions. under these circumstances, merely employing a driver with a forged driving licence would not absolve ..... insured. the insurer is entitled to all the rights and remedies against third person with respect to the subject matter of insurance. the contract of motor insurance is an essence for all intents and purposes of the indemnity and particularly to the third person. the insurer is liable to reimburse the third party on account of the loss caused by him. the .....

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Dec 10 2012 (HC)

Present: Mr. L.M.Suri Senior Advocate with Vs. Sohan Lal and Others

Court : Punjab and Haryana

..... . but we are called upon to examine this question on the facts placed before us. the liability to compensation arises from the use of the motor vehicle. the contract of insurance is a contract of indemnity. when in this case, both the tractor with the attached trailer were moving along the road, both the vehicles were used in a public place. the accident ..... .48. agricultural and forestry vehicles and other miscellaneous vehicles with trailers attached - extended cover it is hereby declared and agreed that in consideration of an additional premium of rs .., the indemnity provided by this policy shall apply in respect of any trailer (including agricultural implements such as ploughs, harrows and the like) described in the under noted schedule of trailers as ..... relevant imt provisions are reproduced: imt.30. trailers. ( applicable to private cars only) in consideration of the payment of an additional premium it is hereby understood and agreed that the indemnity granted by this policy shall extend to apply to the trailer (registration no.......) . provided always that - 1. *the idv of such trailer shall be deemed not to exceed * * fao no ..... company in every situation where the insured's vehicle is involved, the benefit that the insurance company could obtain would be only to deny to the insured a right of indemnity and allow for recovery of the claim from the insured. as far as the third parties are concerned, the respondents counsel would argue that they shall be entitled to enforce .....

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Aug 11 2000 (HC)

United India Insurance Co. Ltd. Vs. Darshan Kaur Etc.

Court : Punjab and Haryana

Reported in : I(2001)ACC681; 2001ACJ998; (2000)126PLR826

..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. if the owner of the vehicle, who has the benefit of indemnity is himself not covered by the the policy, his representatives unless he be an employee covered' by the first proviso to section 95(1)(b), is in no ..... . question arose whether the owner of the vehicle is to be compensated. their lordships of the karnataka high court held that owner of the vehicle who has the benefit of indemnity is himself not covered and his representative is in no better position unless he be an employee covered by the first proviso of section 95(1)(b) of the act ..... .e. his father. in that case, the son of the owner of the goods vehicle was accompanying the goods and not as an employee. it was observed that basically, a contract of motor insurance seeks to idemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of ..... claimants. united india insurance company limited would have been liable to reimburse if some body else had died while travelling by this canter in accident. it is submitted that the contract of insurance entered into between harjinder singh and the insurer (united india insurance company limited) is that the insurer will compensate the third party if it suffers injury or death .....

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Jul 22 1959 (HC)

Joti Parshad Jai Gopal and anr. Vs. Kartar Singh Sahib and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H425

..... paid to the widow of nand singh bala through s. kartar singh under a contract of implied indemnity.(6) the conclusion of the lower courts is erroneous in law and contrary to the dictates of justice, equity and good conscience. i would allow this ..... execution of the decree. though it is not necessary in this case, a contract of indemnity can also be inferred. even in the absence of the evidence of meem chand it would have been a legitimate inference to draw that the money was ..... singh on a definite assurance made by him in the company of meem chand. cause of action in such cases arises when the damage in which the indemnity is intended to cover is suffered. in the present case the damage was suffered when the payment was made to the sons of nand singh bala in ..... the person doing it, and such act turns out to be injurious to the rights of a third party, the person doing it is entitled to an indemnity from him who requested that it should be done.'this quotation is taken from the judgment of lord halsbury in sheffield corporation v. barclay, 1905 ac 392, ..... these facts, it appears to me that the proper provision to apply is art. 83 of the indian limitation act which is as under :'upon any other contract three years when the plaintiff is actuallyto indemnify damnified'. the payment was made to the sons of nand singh bala in execution of the decree in july 1949 .....

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May 01 1964 (HC)

Life Insurance Corporation of India Vs. Firm Tirath Ram and Sons and a ...

Court : Punjab and Haryana

Reported in : [1966]36CompCas105(P& H)

..... the amount for which the property was insured on the date of such loss '. the tribunal held that an insurance against fire or riot is a contract of indemnity and the undertaking by the insurer is that, if the insured suffers any loss ' in respect of ' the insured property, the insurer will indemnify ..... because they had received rs. 27,000 from the central bank of india limited in respect of the insured goods and the contract of insurance had not provided for any indemnity exceeding that sum. on this view of the matter, the tribunal held that no relief could be allowed to the petitioners against ..... the insured to the extent of the actual loss the maximum limit of indemnity being the sum mentioned in the insurance contract. the point is that an insurance of this kind is not a contract to pay any sum of money on the happening of a contingency, as is the case ..... creditors of the insured and the insurer, and the creditors are entitled to recover from the insurer the amount, of the claim under the insurance contract. no double benefit accrues to the insured because out of the insurance claim the creditors have first to be satisfied and the insured receives only the ..... lost and that benefit must go to the insurer, for, otherwise, the insured would be receiving double benefit and making a profit out of the contract of insurance. this argument ignores the fact that these provisions are intended to regulate the rights and liabilities between a creditor and a debtor in .....

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