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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 4 of about 101 results (0.020 seconds)

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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Apr 02 2013 (TRI)

Dr. Tarunjit Dutta Roy Vs. the Branch Manger the New India Assurance C ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... petitioner by the respondents, but the respondents herein did not take any step. - the fact remains that the petitioner was duly covered under the medical indemnity policy when the cause of action arose and the policy was valid without any doubt. the learned state commission, west bengal simply considered the condition ..... 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. in the case of vikramgreentech india limited and anr. vs new india assurance company ltd., - (2009) 5 supreme court ..... take liberalism to the extent of substituting the words which are not intended. 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 ..... to a series of decisions of this court wherein it has been held that it is the duty of the court to interpret the document of contract as was understood between the parties. in the case of general assurance society ltd., vs chandumull jain scr at p 510 a-b it was ..... insurance co. ltd., vs sony cheriyan this court held (scc p 455, para 17) the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms .....

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May 17 2013 (TRI)

United India Insurance Company Ltd. Through the Regional Manager Vs. G ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have gone through the record. 10. it has been argued by learned counsel for the petitioner that respondent no.1 is not a consumer as there was no privity of contract between him and the petitioner. it is further contended that respondent no.1 never approached petitioner for transferring the insurance policy of the vehicle neither petitioner received any cheque on .....

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May 17 2013 (TRI)

Mohan Singh Vs. National Insurance Co. Ltd. and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... by taking plea of concealment of fact of vehicle having been insured with new india insurance company. 8. learned counsel for the respondent on the contrary has submitted that insurance contract is a matter of trust and in the instant case admittedly the petitioner has obtained double insurance cover concealing the existence of earlier third party insurance. therefore, the respondent was .....

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May 30 2013 (TRI)

Sandeep Suresh Yeolekar and Another Vs. Sow Snehalata and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... it was denied in case of the builder who claimed 18% penal interest from the complainant towards the balance amount to be received from the complainants for specific performance of contract. - along with the revision petition, there is an application for condonation of delay. in the application, nowhere are the number of days to be condoned mentioned. as per the office ..... local market, therefore, the builder has lost his good will and reputation in the entire city and for that purposes only, they have insisted and asked for specific performance of contract. they are ready to hand over the house and to execute final deed. in this back ground of the matter, the petitioners were justified in claiming that the plea of ..... for the revision petition are as follows: - the courts below ought to have considered that the legal notice was issued by the complainants only in respect of specific performance of contract. the petitioner builders too had agreed to hand over the physical possession of the row house informing that almost 90% of the construction work is over and minor finishing is .....

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May 31 2013 (TRI)

Simplex Concrete Piles (India) Ltd. Vs. National Insurance Company Thr ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... (india) ltd. the facts of the case as they emerged from the existing record are that the petitioner/complainant a public limited company was awarded as a sub-contractor, the contract in january, 1995 for executing civil and structural work for 235 mv gas based combined cycle power project at jegurupadu rajamundhary (andhra pradesh). in order to get this work insured .....

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Jul 08 2013 (TRI)

Deepak Gupta Vs. Lic of India Through Zonal Manager Jeevan Jyoti and A ...

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?. 8. under these circumstances, the order passed by the state commission is flawless. the matter stands disposed of. there shall be no order as to ..... policy but we cannot take 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 words. it is also well ..... 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?. 8. under these circumstances, the order passed by the state commission is flawless. the matter stands disposed of. there shall be no order as to ..... policy but we cannot take 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 words. it is also well .....

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Jul 10 2013 (TRI)

M/S. Monto Motors Ltd. Through Its Director Vs. M/S. Sri Sai Motors Th ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... complainant is maintainable, as the complainant is a consumer as there is deficiency in service? by op-1 in not refunding the security deposit as per the terms of the contract.? 9. we do not agree with the interpretation arrived at by learned state commission. as security amount was deposited for obtaining dealership for the purpose of purchase and sale of ..... such goods for resale or for any commercial purpose.? 8. learned state commission while dealing with this aspect observed as under:-- the case of op-1 is that since the contract between the parties is commercial in nature, the complainant is not a consumer as defined under the consumer protection act. it is true that the complainant was appointed as a .....

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Aug 22 2013 (TRI)

M/S Shiv Confectionary House Though Its Sole Proprietor Vs. Bajaj Alli ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. 18. the endeavour of the court must always be to interpret the words in which the contract is expressed by the parties. the court while construing the terms of policy is not expected to venture into extra liberalism that may result in re-writing the ..... that, in other respects, there is no difference between a contract of insurance and any other contract. 17. the four essentials of a contract of insurance are, (i) the definition of the risk, (ii) the duration of the risk, (iii) the premium and (iv) the amount of insurance ..... contract or substituting the terms which were not intended by the parties. the insured cannot claim anything more than what is covered by the insurance policy.? (emphasis provided by us) 10. ..... . the apex court in the case of vikramgreentech (i) ltd. and anr.(supra) has held thus:- 16. an insurance contract, is a species of commercial transactions and must be construed like any other contract to its own terms and by itself. in a contract of insurance, there is requirement of uberimma fides i.e. good faith on the part of the insured. except .....

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Aug 30 2013 (TRI)

The New India Assurance Co. Ltd Through Its Regional Office Vs. M/S B. ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... also the motor vehicles rules. he submitted that the state commission and the district forum failed to appreciate the fact that in the present case there was violation of the contract of insurance and the motor vehicles rules because at the time of the loss, the vehicle, which was yet to be registered with the registering authority under the provisions of ..... . under motor trade (road risk) policy b-package for the period from 1.2.2006 to 31.1.2007 covering the risk of theft and other perils as per the contract. it is alleged that while the vehicle (scorpio jeep no.gh-12 tc-28a) was coming from vadodara manufacturers store-yard to madhapar-bhuj showroom on 5.12.2006, it .....

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