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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 3 of about 101 results (0.022 seconds)

Dec 04 2012 (TRI)

Goodwill Engineering Works Vs. New India Assurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... risk insurance policies, subject to the terms and conditions stipulated therein, including, inter alia, institute clauses for builders risks and these terms and conditions formed part and parcel of the contract of insurance.(ii)the policy schedules specified the coverage period as commencing from the date of laying of keel or from 15.9.1997 and ceasing on 14.5.1998 ..... of the additional premium payable for coverage of the additional risk of voyage. in the present case, the complainant has complied these conditions more in breach than in observance. the contract of insurance cannot be extended to give undue enrichment to an insured more particularly in case where huge amount is involved. from a conspectus of the entire facts and circumstances ..... mentioned in the builders risks policy, the policies were issued subject to institute clauses for builders risks? and the terms and conditions of those clauses formed part and parcel of contract of insurance. therefore, any reference to the events such as laying of keel or completion of vessel and delivery were mentioned only to reckon the period of insurance and cannot ..... do not find myself amenable to the arguments advanced on behalf of the complainant. the reasons for reaching the above said conclusion are listed as follows. 6. the construction of contract entered into between the parties assumes importance. it is a settled law that court should refrain from any interpretation which would result in injustice and absurdity, air 1963 sc 25 .....

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Dec 05 2012 (TRI)

R.W.H. Ghyaz Ahmed Vs. New India Assurance Co. Ltd. and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties.? 11. in general assurance society ltd. v. chandmull jain, 1966 acj 267 (sc), a constitutional bench of the apex court observed that: in interpreting documents ..... ) cpj 38 (sc)=viii (2010) slt 375=iv (2010) acc 653 (sc)=the honble apex court held: 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 words. it is also well ..... relating to a contract of insurance, the duty of the court is to interpret the words in which the contract is expressed by the parties, because it is not for the court to make a new contract, however, reasonable, if the parties have not made it themselves.? 12. the revision petition .....

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Feb 07 2013 (TRI)

United India Insurance Co. Ltd. Vs. Lanco Rani Joint Venture and Anoth ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... company ltd., i (2005) cpj 27 (nc)=(2006) 5 cpr 1 (nc), in which this commission has taken the view that contract of insurance is a contract of indemnity and, therefore, question of any of commercial activity does not arise. it has been held that the insured, who takes the insurance policy ..... 21/07 and first appeal no. 320/07 are identical. complainant company is seeking payment in accordance with the policy contract and the surveyors report whereas the insurance company claims that if the policy and the surveyors report is implemented, it would lead to violation of ..... case, it is held that the complainant had taken the insurance company for getting indemnified for the loss, if any, during the execution of the contract. this would not amount to any commercial activity. complaint is held to be maintainable. 22. the issues involved in both, consumer complaint no. ..... companies. since the quotation of rs. 71,64,272 given by the opposite party/respondent insurance company was the lowest, they were awarded the contract. the opposite party/respondent issued the contractors all risk (car) policy to the complainant on payment of two instalments of the premium as ..... before the consumer fora. findings: in the following facts are not disputed. complainant, a partnership firm engaged in the construction business was awarded a contract by the opposite party no. 2, national highway authority of india for widening/construction of 413 kms. road, bridges, flyovers and culverts in the .....

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Feb 07 2013 (TRI)

Worldwide Immigration Consultancy Services Limited (Wwics Ltd.) and An ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... to alleged delay in filling the complaint, the state commission noted that:- the contention of the learned counsel for the op/appellant is that the complainant had entered into two contracts one with them and the other with worldwide immigration consultancy services, canada inc. (hereinafter referred to as the wwics, canada) on 17.03.2001. it is contended that they have ..... that the complaint was bad for non-joinder of necessary and proper party i.e. wwics canada. 7. having agreed with the state commission on non-existence of a separate contract with wwics canada, we also hold that the question on non-joinder of necessary party does not arise. we have also noted earlier in this order that before the state .....

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Feb 11 2013 (TRI)

Life Insurance Corporation of India Through Its Branch Manager and Oth ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties?. 7. we agree to the principle enunciated in this judgment but this citation does not help to the respondent as petitioner is not deleting or ..... ) ltd. vs. united india insurance co. ltd. and anr. in which honble apex court observed as under: 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 words. it is also well ..... appeal without assigning any reasons; hence, petition be allowed and impugned order be set aside. on the other hand, father of the respondent submitted that parties are bound by the contract and as complainant was paying premium as shown in term table 79-30, petitioner had no authority to change it into term table 14-30 and order passed by learned .....

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Feb 19 2013 (TRI)

Andagro United Services Ltd. Vs. United India Insurance Co. Ltd. and A ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... against the full insurable value, for any sum received by him under any other policy; (d) where the assured receives any sum in excess of the indemnity allowed by this act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves?. 23. in ..... claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this act; (b) where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation ..... or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this act, the assured is said to be over-insured by double insurance. (2) where the assured is over-insured by double-insurance:- ( ..... we will not take the subject claim from our marine insurance company and that at the time of payment of claim to us we shall furnish an indemnity bond to this effect to the central warehousing corporation. we trust you will find the above in order and expedite settlement of our claim at the ..... , can also not transfer its rights under the policy to a third-party without the consent of op1 as the insurance policy is a personal contract between the contracting parties. the complainant cannot acquire a right to sue under the policy and cannot maintain the petition against the op1. the complainant had no right .....

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Mar 04 2013 (TRI)

New India Assurance Co. Ltd. Vs. Shri Pankaj Kapoor and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... difference between the theft and burglary, held as under: thedefinition given in the policy is binding on both the parties. the policy is a contract between the parties and both parties are bound by the terms of contract. as per the definition of the word burglar, followed with violence make it clear that if any theft is committed it should necessarily precede .....

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Mar 13 2013 (TRI)

Worldwide Immigration Consultancy Services Limited and Another Vs. Par ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... terms of contract with the complainant. the contention of the learned counsel for the appellant that wwics canada was a necessary party and the amount purported to have been paid to them could ..... for signing the said agreement. otherwise also, obtaining the signatures of the complainant on documents purported to be with some other company in canada would not make it a valid contract between the parties firstly in the absence of the intention of the complainant to enter into an agreement with them and secondly in absence of their representative to settle the ..... from the categorical finding of the fora below. a perusal of contract of engagement signed between the parties on 24.11.2000 shows that clause 5 (j) did not spell out passing of ilets as a requirement. the clause merely reads as ..... para 13 f of the revision petition, the main contention raised is that the requirement of english language was conveyed to the complainant as per clause 5 (j) of the contract of engagement with the wwics. the respondent failed to appear before ilets examination, which resulted in rejection of his visa application. this is nothing more than an attempt to detract .....

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Mar 19 2013 (TRI)

New India Assurance Co. Ltd. Vs. Ashok Kumar

Court : National Consumer Disputes Redressal Commission NCDRC

..... policy was not endorsed in the name of respondent transferee. therefore, the insurance company was not liable to pay the claim because there is no privity of contract between the petitioner/opposite party and the respondent/complainant. learned counsel for the respondent on the contrary has argued in support of the orders of the fora below ..... name to enable the petitioner-company to make necessary changes in the record and issue fresh certificate of insurance. the respondent/complainant thus did not get the insurance contract transferred in his favour. therefore, he did not acquire any insurable interest in the stolen vehicle on the date of theft. section 157 of the motor ..... ., damage caused to the vehicle of the insured himself, that would be a matter falling outside chapter xi of the new act and in the realm of contract for which there must be an agreement between the insurer and the transferee, the former undertaking to cover the risk or damage to the vehicle. in the ..... are two third parties when a vehicle is transferred by the owner to a purchaser. the purchaser is one of the third parties to the contract and other third party is for whose benefit the vehicle was insured. so far, the transferee who is the third party in the ..... contract cannot get any personal benefit under the policy unless there is a compliance of the provisions of the act. however, so far as third .....

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Mar 19 2013 (TRI)

Consumer Education and Research Society Suraksha Sankool Ahmedabad and ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... by taking additional premium for the damage caused by spontaneous combustion/natural heating which may not result in fire, it ought to have been clearly stated. 23. secondly, if the contract is vague, benefit should be given to the insured. the exclusion term of the insurance policy must be read down so as to serve the main purpose of the policy ..... fresh seeds it is the rise in temperature of silo has damaged the seeds which have turned black with loss in oil content?. 22. further, it is settled law that contract of insurance is based upon good faith. it is the duty of the insurers and their agents to disclose all material facts within their knowledge since obligation of good faith ..... referred to fire insurance law by herbert taylor wherein the author has observed that the meaning of the word fire for purposes of a policy may be limited by the contract, and the wording chosen by the parties must always be considered in order to ascertain their intentions. fire occurs only when there is ignition : spontaneous fermentation or heating without ignition ..... 7, as per the policy which covers damage by such items namely fire, lighting, explosion, etc. (c). thirdly, recovery of additional premium indicates the nature of the contract that subsists between the parties. that contract cannot be of giving insurance coverage only in case of damage by fire. if that contention is accepted, the object and purpose of payment of additional premium .....

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