Court : Karnataka
Reported in : 63CompCas319(Kar)
..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. 22. it the owner of the vehicle, who has the benefit of indemnity is himself not covered by the policy, his representative-unless he be an employee covered by the first proviso ..... undertake the liability to pay compensation in respect of the death of the insured person himself in an accident involving the vehicle insured. 21. basically, a contract of motor insurance seeks to indemnify the owner of the vehicle against liability arising out of claims of third parties and arising against the insured owner our ..... ) except where e the vehicle is a vehicle in which passengers are carried for hire or reward of by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or body injury to persons being carried in or upon or entering or mounting or ..... are third parties has its own limitation. even so, a representative or agent-as distinct form a servant-of the owner who is a party to the contract cannot be a third party. in pushpabai v. ranji ginning and pressing co. ltd., air 1977 ac 1735, the supreme court said (at page 1746): ..... clearly answerable foe the claim if only it is possible to hold the victim of the accident to be a third-party vis-a-vis the contract of insurance between the owner and the insurers. the tribunal has recorded a finding that the deceased was at bests gratuitous passenger in a goods vehicle .....Tag this Judgment!
Court : Allahabad
Reported in : 114CompCas70(All)
..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be ..... 10, this principle has been illustrated. in para. 10-25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety before ..... this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not ..... liable any more than the debtor. sri manish goyal has also relied upon chitty on contracts, 27th edition, .....Tag this Judgment!
Court : Allahabad
Reported in : 2002(2)AWC1458; (2002)2UPLBEC1379
..... provisions of the hire-purchase act, where the borrower is discharged, the guarantor, is also discharged. however, a surety liable under a contract of indemnity is not necessarily discharged, if the debtor is discharged by operation of law ; but if the creditor is tainted with any illegality, the surety ..... is protected under a contract of indemnity as well as under the contract of guarantee. if the creditor is guilty of breach of contract as against the debtor, and as a result the debtor is discharged, the guarantor cannot be liable ..... 10, this principle has been illustrated. in para 10.25, the authors illustrate this principle by stating that in most cases no right of indemnity accrues against the principal until after the surety has paid the debt or otherwise discharged the underlying liability, certain rights are available to the surety ..... before this. as soon as the creditor has acquired the right to enforce the surety's obligations under the contract of suretyship, the surety has the right in equity to compel the principal to relieve him from his obligations, even though he has not yet ..... any more than the debtor. sri manish goyal has also relied upon, 'chitty of contracts' 27th edition .....Tag this Judgment!
Court : Chennai
Reported in : AIR1936Mad789; 166Ind.Cas.427
..... future loss or damages occasioned by the release of the groundnuts without the production of the railway receipts. the bond was clearly a contract of indemnity; and although the claim against the insolvents was not at that time ascertained, there was still that claim and it was ascertainable, and after ..... -2-6 and in favour of the port trust against the official assignee and pyda rangiah chetty for the same amount by reason of the indemnity bond, the port trust having claimed to be indemnified by the insolvents and pyda rangiah chetty against the damages which under the decree it had ..... insolvents by the port trust without production of the railway receipts and instead the port trust took from the insolvents and one pyda rangiah chetty an indemnity bond of that date in their favour. the insolvents took advantage of this procedure to commit a fraud. they pledged the railway receipts relating ..... railway receipts but under section 57 of the indian railways act the port trust can hand over the goods to the consignee after taking an indemnity bond. at that time the insolvents used to pledge the railway receipts as security for advances made to them by some of the madras banks ..... that:demands in the nature of unliquidated damages arising otherwise than by reason of a contract or breach of trust shall not be provable in insolvency.5. at the date of the adjudication the port trust held the indemnity secured from the insolvents and pyda rangiah chetty before the insolvency in respect of .....Tag this Judgment!
Court : Chennai
Reported in : (1964)1MLJ34
..... position that there was an essential difference in life insurance business and general insurance business. they thought that while general insurance business, is a contract of indemnity, a life insurance contract is an entirely different type of contract, that the law required separate accounts to be kept and a separate fund to be maintained for the life insurance business. the learned judges ..... parts of the business were different, while one, that is, the life business, involved commitments of the company spread over a long period, the general insurance, covered only contracts of indemnity for short periods not exceeding a year at a time. again, relying upon the unreported decision of the bombay high court, the tribunal held that the two types of ..... economically. the nature of the risks underwritten in each is too vitally different. life risks combined endowment principles and investments over long periods of contract which are totally absent in general insurance, which covers contracts of indemnity from year to year only. also the types of men required to run these two require educational and other qualifications and training different from ..... of other classes of insurance, it is true that a risk is undertaken by the insurer and indemnity offered against that risk. but, unless the risk occurs, the insurer is under no liability to pay any part of the amount in respect of that contract of insurance. clearly, therefore, in the case of life insurance, a certain sum becomes payable .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kerala
Reported in : 1990ACJ521
..... vehicle, the insurer will indemnify the owner. we cannot take it that when the owner who happens to be the driver is guilty of rash and negligent driving, the contract of indemnity will hold good. either way the claim against the insurer cannot succeed.6. if the claimant's husband was guilty of rash and negligent driving and such driving caused the ..... for the compensation adjudicated by the tribunal. the insurer's liability is based on the contract of indemnity entered into between the insurer and the owner of the scooter. the contract of indemnity, of course, is subject to the provisions of the act. the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay compensation to persons .....Tag this Judgment!
Court : Chennai
Reported in : AIR1936Mad655
..... stipulated. mr. sitarama rao again contends that if the transaction be viewed as a contract of indemnity the plaintiff would not be entitled to enforce this amount and in any event article 83, lira. act, would not apply. as i understand the covenant, it is this ..... should merely be viewed as an assignment of a debt, these decisions support him. but what was assigned under the document was not a mere debt, but also a contract of indemnity in and by which defendant 1 agreed to indemnify defendants 2 to 7 against any loss by reason of his failure to pay the sum of rs. 186-10-8 ..... manmatha nath mullick v. hedait ali 1932 11 pat 266, and the right of action by virtue of the right of indemnity arose on the date of payment by the plaintiff and article 83, lim. act, would apply. the contract of indemnity being registered, the period of limitation will be six years and therefore the suit is within time. in the result, the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2000ACJ719; AIR2000MP121; 2000(1)MPHT331
..... liable directly or vicariously to pay the damages is a question governed by the law of torts. 17. it is no longer open to doubt that the contract of insurance is a personal contract of indemnity. however, the provisions contained in section 149 of the motor vehicles act, 1988, indicate as has already been observed hereinabove that the liability of the insurer arises ..... be held liable where the insured himself stands exonerated of any such liability. 22. the insurance policy in the present case which had been issued by the insurer was a contract of indemnity satisfying the conditions laid down under section 147 of the aforesaid act. 23. the liability of the insurer, it must be emphasised depends upon the liability of the insured ..... to defend the action on specified, though limited grounds. 33. it should not be lost sight of that it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and it is in this view of the matter, that the statutory liability is cast upon the insured may be enforced as against the insurer. though the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : II(1987)ACC282; AIR1988P& H149; 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 .....Tag this Judgment!