Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: punjab and haryana Year: 2014 Page 1 of about 85 results (0.030 seconds)

Jan 14 2014 (HC)

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

Court : Punjab and Haryana

Decided on : Jan-14-2014

..... (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 .....

Tag this Judgment!

Jan 20 2014 (HC)

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

Court : Punjab and Haryana

Decided on : Jan-20-2014

..... 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 .....

Tag this Judgment!

Mar 12 2014 (HC)

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

Court : Punjab and Haryana

Decided on : Mar-12-2014

..... 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 .....

Tag this Judgment!

Mar 28 2014 (HC)

The New India Assurance Company Limited Vs. Sunita Bhandari

Court : Punjab and Haryana

Decided on : Mar-28-2014

..... 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 .....

Tag this Judgment!

Jan 30 2014 (HC)

National Insurance Co. Ltd. Vs. Rita Goyal and Others

Court : Punjab and Haryana

Decided on : Jan-30-2014

..... accuracy and integrity of this document high court chandigarh fao-6041-2011 (o&m) 3 cannot be the recipient of the compensation. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. from ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms shanker gauri 2014.02.07 09:57 i attest to the accuracy and ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

Tag this Judgment!

Feb 10 2014 (HC)

United India Insurance Co. Ltd. Vs. Sidharat Raju and Others

Court : Punjab and Haryana

Decided on : Feb-10-2014

..... -1665-2010 (o&m) 3 as the deceased borrowed the car from the owner, he stepped into the shoe of the owner. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. the ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms thereof. it was held in the said decision that section 163- a of ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

Tag this Judgment!

May 14 2014 (HC)

Union of India Vs. M/S. Ramesh Kumar Garg and Another

Court : Punjab and Haryana

Decided on : May-14-2014

..... by mr.bansal since the contractor is obliged by law to pay the higher wage to the labour employed by it in execution of the works contract. if he paid the higher wages more than the ones which was tendered would cause wrongful loss to him for which he deserves to be ..... the accuracy and integrity of this document chandigarh fao no.2909 of 2014 (o&m) -2- (b) the contractor shall notwithstanding the provision of any contract to the contrary, cause to be paid a 'fair wage' or minimum wage fixed under the minimum wages act whichever is higher to labourers indirectly engaged ..... award failed. the union of india is in appeal. the dispute in the present appeal is restricted to claim no.6 under appendix 'b' of the contract agreement which relates to payment of fair wage. clause 58 of the agreement deals and defines what is 'fair wage; and reads as follows:- 58. fair ..... . to be referred to the reporters or not?. 2. whether the judgment should be reported in the digest?. rajiv narain raina, j.(oral) the works contract was floated by tender dated september 20, 1991 by the appellant which was awarded to the respondent. disputes arose between the parties which were referred to arbitration. ..... the observance of the regulations aforesaid without prejudice to his right to claim indemnity from his sub- contractors.(f) the regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be a breach of this contract. . the dispute with respect to the present claim arose from a .....

Tag this Judgment!

Jan 27 2014 (HC)

Rajesh Kumar and Another Vs. Ramesh Kumar and Another

Court : Punjab and Haryana

Decided on : Jan-27-2014

..... issued by the district transport authority showing that he had a license to drive a light motor vehicle was sufficient to cover the risk and make available the right of indemnity to the insurer. this argument, in my view, is erroneous, for, a light motor vehicle as defined under the motor vehicle's act on the basis of tonnage of weight ..... error in the reasoning of the tribunal to make an intervention. the award insofar as it casts the liability on the owner/driver and deny to them the right of indemnity for proven act of breach of contract of policy of insurance. 3. the appeal is dismissed. (k. kannan) judge january 27 , 2014 archana .....

Tag this Judgment!

Jun 30 2014 (HC)

Present : Mr.Puneet Bali Sr. Advocate with Vs. M/S Bestech India Pvt. ...

Court : Punjab and Haryana

Decided on : Jun-30-2014

..... fao no.1620 of 2014 and 2 connected cases 31 been put in grave jeopardy when otherwise the court to balance equities could have told the owner to furnish an indemnity in relation to the agreement dated 4th october, 2012, keeping in view what the supreme court has held in k. narendra's case (supra), especially in para 35 ..... judgements relied upon by the respondents bohl, distinguished by bestech:157. re: percept d mark (india) pvt. ltd. v. zaheer khan, air2006sc3426it is urged that this judgment deals with contract of personal, confidential and fiduciary services and the appellants were seeking at the interlocutory stage restraint of trade during the post- contractual period. the appellants were seeking to enforce negative ..... of which involves the performance of continuous duty which the court cannot supervise. . the court would necessarily have to, in this case, involve itself in the exercise of implementing the contract, particularly in relation to payments, release of prints, payment of additional consideration, the manner of calculating receipt and profit sharing, etc. for this reason, both sections 14 (1) ..... . bali for bohl supports his forcefully argued case with exhaustive and detailed written submissions, to urge that the term sheet dated 3rd september, 2012 does not constitute a binding contract between the parties and the collaboration agreement dated 19th october, 2012 stands frustrated. he marshals his submissions thus:- (a) the term sheet was a preliminary document and only .....

Tag this Judgment!

Jan 08 2014 (HC)

National Insurance Company Ltd. Vs. Sarita and Others

Court : Punjab and Haryana

Decided on : Jan-08-2014

..... in any damage or injury to the third party, the insurance company would have been still answerable for the consequences of such an accident. this clause will therefore provide for indemnity to the owner for any claim arising at the instance of the third party or any damage resulting to the vehicle itself. it shall not give rise to a claim ..... himself and therefore the question of providing a cover under personal accident cover does not arise in the very nature of things. personal accident cover must be understood as a contract between the insurer and the insured for anything personal to the insured. the liability cannot be fastened on the insurance company for any person other than the insured under the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //