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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Page 2 of about 1,401 results (0.047 seconds)

May 13 1997 (HC)

Smt. Tirpta Bakshi and ors. Vs. Sukhwant Singh and ors.

Court : Punjab and Haryana

Reported in : 1999ACJ498; [1998]93CompCas381(P& H); (1997)117PLR406

..... transferor did not intimate the insurance company with respect to the sale of the vehicle. the insurance company did not transfer the policy to thetransferee. thus, in terms of the contract of indemnity, i.e., the insurance policy, the insurance company was absolved of its liability to pay compensation to the claimants. 4. learned counsel for the appellants challenged the finding of ..... policy, consequently the insurance company is jointly and severally liable to pay compensation to the claimants. it is nobody's case that the driver of the vehicle was not under indemnity of the insurance company under the insurance policy. i may hasten to add that inferences ordinarily should be drawn in favour of the claimants who are a third party and ..... were not privy to the contract of insurance. the statutory insurance is encumbent to protect his interest. the attempt should be to protect his interest rather than to defeat it, as otherwise the respondents would be ..... raj, may be the owner has not remained in actual possession for the purpose of plying the vehicle. mere transfer of ownership would not really affect the matter when the contract of insurance policy covers the driver too. moreover, as discussed earlier, hans raj, insured, was the owner of the truck having a subsisting interest in it and it is for .....

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Oct 01 2002 (HC)

The New India Assurance Company Ltd., Through Its Regional Manager Vs. ...

Court : Punjab and Haryana

Reported in : II(2003)ACC677; 2003ACJ1454; (2003)133PLR783

..... 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 policy, his representatives unless he be an employee covered by the first proviso to section 5(1)(b) is in no better ..... is to be compensated. their lordships of the karnataka high court held that owner 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 85(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 indemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of .....

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Jan 14 2014 (HC)

Present:- Mr. Ashit Malik Advocate Vs. Ranjeet and Another

Court : Punjab and Haryana

..... (supra) where there was no insurance cover for use of the vehicle as a transport vehicle. the insurance company is made liable on a contract of indemnity that it provides through a policy and if there was a contract for covering the risk for user of the vehicle for a commercial purpose that itself must be seen as justifying a claim against the ..... caused while plying the vehicle for commercial purpose, the third party is entitled to obtain enforcement of right against the insurance company and even the insured is entitled to 100% indemnity. the denial of such a right to the claimant and exoneration of the insurance company was clearly untenable. fao no.5366 of 2011(o&m) 2 2. learned counsel refers .....

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Jan 20 2014 (HC)

Reliance General Insurance Co. Ltd. Vs. Kamlesh and Others

Court : Punjab and Haryana

..... motor vehicle accident. drawing an analogy from the aforesaid observation of the hon ble apex court, when liability of the insurance company arises from a specific type of contract i.e. contract of indemnity, how can they be permitted to take benefit of compassionate assistance which results from employer-employee relationship and which is a right accruing by virtue of a welfare legislation ..... 34 helen c. rebello s case (supra), the hon ble supreme court observes as under: how can an amount of loss and gain of one contract be made applicable to the loss and gain of another contract. similarly, how an shanker gauri 2014.02.05 17:04 i attest to the accuracy and integrity of this document high court chandigarh fao -307 .....

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Nov 24 1959 (HC)

Ghaki Mal Hukum Chand Vs. Great American Insurance Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1960P& H523

..... damage a damage by the peril insured against.'this is the first difficulty in the way of the plaintiff. the plaintiff in a contract of fire insurance which essentially is a contract of indemnity has to prove the loss actually suffered by him as a result of fire. i am prepared to accede that the evidence ..... which there is no compelling reason to depart in the instant case. nor is there any support for the proposition that clauses 11 and 19 of the contract of insurance could not have been overridden by statute. in face it is specifically mentioned in the relevant provisions cited in the earlier portion of this ..... date of the loss notwithstanding that the intimation does not specify the amount of the claim or is not in the form, if any, required by the contract of insurance or in any other specified form.'(3a) at this stage, i may also advert to the provision of section 36 of the debts adjustment act ..... (a) * * *(b) the claim was not made to the company within the agreed time, or(c) * * *(d) * * *and any contract to the contrary, to the extend to which it is in contravention of the provisions of this sub-section, shall be deemed to have had no effect. * * * * (6) no ..... or theft or riot and civil commotion and there has been a loss in respect of such property arising out of any such risk at a time when the contract of insurance was in force, such company shall not be entitled to refuse payment of the sum due under any claim in relation thereto on the ground that. .....

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Mar 12 2014 (HC)

Present: Mr. Jagjit Singh Chatrath Advocate for Vs. Sukbir Singh and O ...

Court : Punjab and Haryana

..... entitlement is only for a third party against the insurer. if there was no personal accident cover, there is scope for making the insurer liable, for insurance is a contract of indemnity. the insurance can be made liable only for liability for the insured himself. the insured cannot be a claimant and also the person who is liable for the accident by .....

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Mar 28 2014 (HC)

The New India Assurance Company Limited Vs. Sunita Bhandari

Court : Punjab and Haryana

..... satisfied, the defendant has filed the instant appeal submitting that following substantial question of law arises in this appeal for consideration of this court:- could the insurer go beyond the contract of indemnity and accept the claim of the insured when the policy terms do not permit the same?. . after considering the contentions raised on behalf of the appellant, this court passed .....

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Dec 19 1990 (HC)

The Oriental Insurance Co. Vs. Ram Kumar and anr.

Court : Punjab and Haryana

Reported in : 1991ACJ1091; (1991)99PLR300

..... , he can sue for damages under section 22 of the act and the claim application will be tried under the provisions of chapter 3 of the act. a contract of insurance is a contract of indemnity. under the terms of the policy, the insurer has undertakes to indemnify the insured against all the sums to which the insured shall become liable in respect .....

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Jul 29 1982 (HC)

New India Assurance Co. Ltd. Vs. Col. Gurcharan Singh and ors.

Court : Punjab and Haryana

Reported in : [1986]59CompCas15(P& H)

..... which appears to have been introduced with a view to prevent the insurers from seeking to avoid liability unless they have affirmatively declined to agree to the novation of the contract of indemnity. the sole purpose of informing the appellant about the transfer of the truck, vide letter, ex. r 5, was to seek its reaction to the transfer of the insurance .....

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Aug 29 1986 (HC)

Shanti Parshad Sharma Vs. National Insurance Company Limited and ors.

Court : Punjab and Haryana

Reported in : (1986)90PLR595

..... transfer of the insurance certificate and policy in favour of the transferee. the insurer cannot avoid its liability unless it has affirmatively declined to agree to the novation of the contract of indemnity. in bhagwanti's case [1983] acj 349, again the facts were similar. the vehicle was transferred by the original owner to the transferee in december, 1977. a letter dated .....

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