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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: national consumer disputes redressal commission ncdrc Page 2 of about 101 results (0.020 seconds)

May 20 2014 (TRI)

Kalyan Singh Chauhan Vs. National Insurance Company Through Division M ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the above noted condition of limitations as to use? of the insurance policy which is reproduced above, the respondent complainant cannot claim indemnity in view of the violation of the expressed limitations as to use? provided in the insurance contract. in our aforesaid view, we find support from the judgment of the supreme court in the matter of vikramgreentech india ltd. and ..... fundamental breach of insurance policy. 13. in view of the discussion above, it is clear that this is a case of fundamental breach of terms and conditions of the insurance contract. therefore, we do not find any jurisdictional error or material irregularity in the order of the state commission which may call for interference by this commission in exercise of revisional ..... not cover use for (a) organised racing, (b) pace making, (c ) reliability trails, (d) speed testing.? 11. on bare reading of the above, it is clear that under the insurance contract between the parties, the insurance cover extended to the insured is subject to the use of the vehicle only under a permit within the meaning of motor vehicle act, 1988 ..... the claim of the insured in case where there is a breach of the policy condition / conditions; and, the breach is fundamental or material so as to vitiate the insurance contract?. 8. in the context of the above noted settled legal position, we now proceed to analyse the facts of the case. section 66 (1) of the motor vehicles act, 1988 .....

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Jul 03 2012 (TRI)

Tomy Parathattil (House) Muthalakkudam P.O. Thodupuzha, Kerala and Ano ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... defect and he had only supplied materials to the petitioners. respondent is only manufacturing the beams and shells intended for the roof of the structure. he had not undertaken any contract work or supervision for the construction of the petitioners building. if any leakage has occurred, it may be due to the poor workmanship of the masons who have done the .....

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Jul 11 2012 (TRI)

Jacob Punnen and Another Vs. United India Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... the other hand, counsel for the respondent insurance company has supported the impugned order mainly on the premise that the second insurance effective from 26.03.2009 is a fresh contract of insurance which was entered into between the parties in as much as certain changes were carried out in the fresh policy. it is pointed out that the earlier policy ..... of the counsel for the respondent / complainant that the opposite parties had no such is without merits. we find that the parties are bound by the terms of the agreement / contract. hence, we find that the liability of the appellant is limited to the amount mentioned in clause 1.2(d) of the policy. in the circumstances, the order of the ..... is prepared by the insurance company by approval of the irda and is common for all for a special period. counsel for opposite party vehemently argued that an insurance is contract between two parties and terms and conditions of the policy for a type of policy is binding on parties. so, petitioner is binding by the varied terms in ex.a2 ..... policy. in our view argument raised by learned counsel for opposite party is not acceptable because an insurance contract is a specie of commercial transactions and must be constructed like any other contract on its own terms and by itself albeit subject to the additional requirement of uberrima fides i.e. good faith on the part .....

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Aug 16 2012 (TRI)

Cholamandlam Ms General Insurance Co. Ltd. and Another Vs. Narsimulu

Court : National Consumer Disputes Redressal Commission NCDRC

..... cheque for collection. the cheque of the respondent was dishonoured for the reason of insufficient funds. thus, respondent failed in his promise and cannot make a claim pleading that the contract of insurance continued to subsist even on dishonour of the cheque. since, cheque submitted by the respondent was dishonoured, therefore insurance policy issued in his favour was cancelled on 15 .....

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Sep 11 2012 (TRI)

Export Credit Guarantee Corporation of India Ltd. Vs. Neelkanth Empire

Court : National Consumer Disputes Redressal Commission NCDRC

..... consignment that it exports to each of foreign buyer during the previous month irrespective of whether any of the consignments suffers from peril indemnified under the contract of the policy. it is further provided that even if there was no shipments or there was no amounts overdue, a declaration shall nevertheless be ..... each consignment that it exports to each foreign buyer during the previous month, irrespective of whether any of the consignments suffers any peril indemnified under the contract/policy. the premia have to be paid accordingly.? (emphasis supplied) the learned counsel for the appellant has not been able to show us anything ..... construed to determine the extent of liability of the insurer. therefore, the endeavor of the court should always be to interpret the words in which the contract is expressed by the parties.? 9. in support of his contention that non-filing of declarations in terms of clauses 8(a) and (b) ..... liberalism to the extent of substituting the words which are not intended. 24. thus, it needs little emphasis that in construing the terms of a contract of insurance, the words used therein must be given paramount importance, and it is not open for the court to add, delete or substitute any ..... the appellant within the time contemplated under clauses 8(a) and 8(b) of the policy but the time was not the essence of contract for the performance of the complainants or his banks obligation to submit the declaration of shipment under the said clauses and even there was a .....

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Sep 13 2012 (TRI)

N.P. Mahadevan Vs. Central Bank of India

Court : National Consumer Disputes Redressal Commission NCDRC

..... pertaining to the complainants sb a/c no. 6204 for rs. 1,00,000/- was presented for clearing through canara bank, chennai by one kamalapathy, who was working as a contract security watchman with the employer of the complainant till 12.12.2002. the complainant contends that he never issued the said cheque. it also came to light that two other .....

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Sep 18 2012 (TRI)

New India Assurance Co. Ltd. Through Its Duly Constituted Attorney Man ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... . over three centuries ago, in carter vs. boehm4, lord mansfield had succinctly summarised the principles necessitating a duty of disclosure by the assured, in the following words:- insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter trusts to his representation ..... india insurance co. ltd. vs. m.k.j. corporation, this court has observed that it is a fundamental principle of insurance law that utmost faith must be observed by the contracting parties. good faith forbids either party from non- disclosure of the facts which the party privately knows, to draw the other into a bargain, from his ignorance of that fact ..... october 2005. this suppression of such existing disease cannot be explained on any hypothesis and it must be considered as non bonafide attempt on the part of the complainant. a contract of insurance is based on utmost faith of the parties and if there is lack of bonafides on the part of the insured at the time of making the proposal ..... -life insurance policy meant to assure the policy holder in respect of certain expenses pertaining to injury, accidents or hospitalizations. nonetheless, it is a contract of insurance falling in the category of contract uberrimae fidei, meaning a contract of utmost good faith on the part of the assured. thus, it needs little emphasis that when an information on a specific aspect is asked .....

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Oct 03 2012 (TRI)

Union of India, Through the Chairman, Railway Board, Rail Bhawan, New ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... an unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971. so also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100% exclusion of pregnancy after the surgery and it was only on the basis of such assurance that the ..... plaintiff was persuaded to undergo surgery. ordinarily a surgeon does not offer such guarantee. where a doctor contracted to carry out a particular operation on a patient and particular result was expected, the court would imply into the contract between the doctor and the patient a term that the operation would be carried out with reasonable care and skill .....

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Oct 08 2012 (TRI)

C.N. Mohan Raj Vs. M/S. New India Assurance Company Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... there was clear suppression of the material facts with regard to the health of the insured, and, therefore, respondent was fully justified in repudiating the insurance contract. 15. accordingly, after going through the record, i do not find any infirmity or illegality in the impugned order. the present revision petition is ..... his liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into a contract of insurance?. 11. keeping in mind above legal position as enumerated in the various judgments, it is to be seen as to whether petitioner ..... the context of guiding the insurer to decide whether to undertake the risk or not. 25. the upshot of the entire discussion is that in a contract of insurance, any fact which would influence the mind of a prudent insurer in deciding whether to accept or not to accept the risk is ..... the principles necessitating a duty of disclosure by the assured, in the following words: (aii er pp. 184 h-185 i) insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter ..... . m.k.j. corporation, this court has observed that it is a fundamental principle of insurance law that utmost faith must be observed by the contracting parties. good faith forbids either party from non- disclosure of the facts which the party privately knows, to draw the other into a bargain, from .....

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Oct 15 2012 (TRI)

Shankar Woolen Pvt. Ltd. Vs. National Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... for instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to ..... principle is that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to give an exhaustive list of all bargains of ..... it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept as set of rules as part of the ..... contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where ..... both parties are businessmen and the contract is a commercial transaction. in todays complex world of giant corporations with their vast infrastructural organizations and .....

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