Court : Madhya Pradesh
Reported in : AIR1963MP164; 33CompCas667(MP)
..... fire, accident, and so forth -- i do not think you can assign (sic) policy so as to make of what is a contract of personal indemnity to a a contract of personal indemnity to b. i hope i have made that clear. you cannot thrust a new assured upon a company against its will. if you do ..... not the person specified in the policy cannot be accepted. if, as we think, the company impliedly assented to the transfer and there was a novated contract of indemnity, then clearly gyarsilal was in effect and in law the person insured by the policy even though his name was not substituted in place of dr. ..... joshi in respect of the ford car was or was not transferred to gyarsilal. now it is quite true that a motor insurance policy is a contract of personal indemnity and the assured cannot claim the insurance amount when he does not suffer any loss or damage. it is clear that where a car insured ..... insurance policy ceased when the car was sold by him; that the policy of insurance did not permit the transfer of the indemnity therein given to any person and thepolicy was a contract of indemnity in favour of dr. joshi alone, the assured therein, and not in favour of his assigns; that the policy of ..... is really not a clause with regard to the assignment of the policy. such a policy being a contract of personal indemnity cannot be assigned; when it is transferred, there is only a novation of the contract by which the original assured is released and a new assured is accepted. in this connection, it would .....Tag this Judgment!
Court : Rajasthan
Reported in : 1971WLN163
..... as well as the defendants. the above suit was decreed only against the plaintiffs but was dismissed against the defendants because it was held that there was no privity of contract between the maharaja of kishengarh and the defendants. maharaja of kissinger in execution of the decree recovered from the plaintiffs rs. 7000/- on 26th april, 1968, rs. 4000/- on 3rd .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1934Bom402; (1934)36BOMLR941; 153Ind.Cas.959
..... such a case is to recover moneys paid under a mistake, or for moneys had and received, or for failure of consideration, and not a contract of indemnity, either express or implied. the third party notice, therefore, was clearly misconceived.18. in the result, therefore, the cross-objections must be allowed ..... conceded by mr. setalvad. it is further admitted that the present case does not come within section 124 of the indian contract act, and there is no express contract of indemnity between the parties. but mr. setalvad contends that this being a shah jog hundi, having regard to the usages applicable ..... in the circumstances, defendants no. 1, in my judgment, had no option except to defend the suit, and if they are entitled to indemnity, such indemnity must cover the costs properly incurred in so doing.3. the cross-objections of defendants no. 2 involve a more difficult question. the learned ..... based either on the money having been paid under a mistake of fact, or without consideration, and does not arise upon any implied covenant for indemnity. in my opinion, therefore, the proceedings on the third party notice were misconceived. the cross-objections must be allowed with costs, and the third ..... of the hundis, and judgment was given against both the defendants. defendants no. 1 issued a third party notice against defendants no. 2 claiming indemnity against loss suffered by them through 'payment of the hundis, and upon that notice mr. justice kania gave judgment for defendants no. 1, but .....Tag this Judgment!
Court : Chennai
Reported in : (1988)69CTR(Mad)95; 172ITR744(Mad)
..... maximum liability of the insurers. even within that limit, however, he cannot recover more than what he establishes to be the actual amount of his loss. the contract being one of indemnity, and of indemnity only, he can recover the actual amount of his loss and no more, whatever may have been his estimate of what his loss would be likely to be ..... halsbury's laws of england, fourth edition, vol. 25, under the heading 'insurance' in paragraph 3, it is observed as follows : 'most contracts of insurance belong to the general category or contracts of indemnity in the sense that the insurer's liability is limited to the actual loss which is in fact proved. the happening of the event does not itself entitle the ..... question of nexus between the payment, made by the insurance company and the transfer does not arise in the instant case. the payment received in pursuance of a contract of indemnity cannot be considered to be payment received in pursuance of contract of indemnity cannot be considered to be payment as a result of the transfer of property. it is well-established that a ..... for the pecuniary loss with consideration for transfer of a capital asset, in our view, is not at all warranted, having regard to the peculiar nature of the principle of indemnity on which contracts of insurance are based. we are, therefore, of the considered view that the amount received by the assessee in pursuance of the .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1958Raj343
..... the application of article 83 in this series can be resisted so far as the present case is concerned.as already held above, the suit contract was a contract of indemnity, and the plain language of this article clearly seems to me to apply to it. the period of limitation provided with reference to this article ..... the same upon umar bhai's default. in other words, the plaintiff was undoubtedly damnified. it may be that this damnification occurred not on the date the contract of indemnity was executed, that is, the 20th august, 1947, but later, and if that is so, it is enough to say that if the suit is ..... be within time. it is, however, contended that the time from which the period has been prescribed to run under this article is not when a contract of indemnity may have taken place, but when the plaintiff is in actual fact damnified or put to loss.what is argued is that the plaintiff gave his ..... himself, or by the conduct of any other person, is called a contract of indemnity'.'section 128 lays down, with respect to the liability of a surety, that it is co-extensive with that of the principal debtor, unless it is ..... person to whom the guarantee is furnished. it would be convenient to give at this place the definition of a contract of indemnity also, vide section 124 of the contract act. the definition is this :'a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)
..... to maintain a suit in his own name against third parties.14. subrogation, as an equitable assignment, is inherent, incidental and collateral to a contract of indemnity, which occurs automatically, when the insurer settles the claim under the policy, by reimbursing the entire loss suffered by the assured. it need not ..... high court in vasudeva mudaliar v. caledonian insurance co. air 1965 mad. 159 thus:in other words arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. the ..... transferred to and vested in the insurer. the equitable assignment of the rights and remedies of the assured in favour of the insurer, implied in a contract of indemnity, known as 'subrogation', is based on two basic principles of equity: (a) no tort-feasor should escape liability for his wrong; (b) ..... , could file a complaint under the act, even after the insurer had settled its claim in regard to the loss.11. a contract of insurance is a contract of indemnity. the loss/damage to the goods covered by a policy of insurance, may be caused either due to an act for which the ..... no dispute that the doctrine of subrogation in insurance rests upon the common intention of the parties and gives effect to the principle of indemnity embodied in the contract. furthermore, your lordships drew attention to the fact that it is customary for the assured, on payment of the loss, to provide .....Tag this Judgment!
Court : Mumbai
Reported in : (1983)34CTR(Bom)41; 142ITR57(Bom); 13TAXMAN524(Bom)
..... death, would mean that what is expressly a personal accident insurance policy is to be equated with an employer's liability insurance policy on the footing that it was a contract of indemnity which, on the face of it, the present is not. we fail to see what other purpose the circular could have had than to bestow benefits as of right ..... of money in the event of the assured sustaining accidental injury. it resembles life insurance and differs from other types of insurance in that it is not a contract of indemnity; it is merely a contract to pay a sum of money on the happening of a specified event, namely the sustaining by the assured of personal injury by such accidental means as ..... insured in so far as it is not too remote.30. as already pointed out, the insurance in the present case is not an insurance in the nature of a contract of indemnity. it is plainly a personal accident insurance and all that is required to be considered is : merely because the employee has not paid the premium, does its nature change ..... . employers' liability insurance.'28. the learned author has under this head given two types of cases where contracts of insurance are according to the nature of insurance; (1) where the contract is not one of indemnity, and (2) where the contract is of indemnity. under the heading 'contracts of indemnity' the learned author has pointed out as follows (p. 8) :'in this class of insurance the amount .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1983Raj83
..... took place, the property in the vehicle vested in the purchaser, how could the insurance company be made liable on the basis of a contract of indemnity entered into with the seller? the circumstance that the purchaser had not paid part of the purchase price is irrelevant for the purpose, because ..... high courts, some of which i have endeavoured to refer to above and it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the motor vehicle, ..... comes to an end. it has been held that in the absence of stipulation to the contrary, an insurance policy, which is a personal contract of indemnity lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without any express agreement with the ..... an 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 ..... cases were accepted and the following observations were made (at p. 167):--'it is well settled that a conlract 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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1945Mad98
..... if it had stood alone, we are satisfied that the document read as a whole and with the covenants in the assignment deeds is clearly a contract of indemnity and must receive effect accordingly. in the result a.s. no. 95 of 1943 is allowed and the plaintiff will have a decree as ..... now raised was not argued in that case. the question next arises as to what sum the defendant is liable to pay under the covenant for indemnity. we are unable to agree with the learned district judge's conclusion on this point. the learned judge assumed that the loss to the plaintiff arose ..... of 1943 claiming the balance of the amount sued for, and the defendant has preferred app. no. 108 of 1943 contending that the covenant for indemnity does not cover losses due to the new act.4. it is obvious that the two assignment deeds and the so called receipt are parts of ..... arises i shall make good (the loss)' the defendant also executed on 5th july 1930 so called 'receipt' which was really in the nature of an indemnity bond. in this document, after reciting the settlement of account between the parties and the assignment of the promissory notes and mortgages in full satisfaction of ..... of the debts assigned to the plaintiff, the debtors being agriculturists, the indemnity ceased to be operative. there is no warrant either in principle or in precedent, for the broad proposition contended for by the learned counsel. no doubt contracts absolute in their terms have sometimes been construed as subject to implied conditions .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1933Bom338; (1933)35BOMLR694
..... civil court of law. the contractor referred to in section 12 (2) is the contractor who contracts directly with the principal as defined in section 12 (1). if, therefore, there is any further sub-jetting of the contract, an indemnity cannot be obtained under the act and must be sought by recourse to the civil court. ..... relationship of principal to contractor ?3. the matter is not entirely free from doubt, as the words of section 12 (2) refer to 'any such' indemnity. a similar contention came up for decision in calcutta on a reference by the commissioner made to the high court of calcutta under section 27 of the act, ..... them, and on july 13, 1931, the commissioner served the plaintiff with a notice requiring him either to contest the widow's claim or the claim for the indemnity made against him by messrs. mackinnon, mackenzie & co. plaintiff appeared before the commissioner on july 22, 1931, to contest the widow's claim, and the commissioner ..... cannot lie. section 12 (i) of the act provides that where a principal in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or ..... had to supply 200 tons of coal to the ss. hatkhola then lying in the victoria dock, bombay. it is his case that he gave a sub-contract for the purpose to the defendants who are muccadums at the rate of re. 1 per ton, and that they in turn engaged several workmen on june .....Tag this Judgment!