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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 5 of about 101 results (0.022 seconds)

Sep 03 2013 (TRI)

New India Assurance Co. Ltd. Through Its Manager Vs. Mohinder Kaur Wid ...

Court : National Consumer Disputes Redressal Commission NCDRC

k.s. chaudhari, presiding member this revision petition has been filed by the petitioner/op against the order dated 07.02.2008 passed by the punjab state consumer disputes redressal commission, chandigarh (in short, the state commission) in appeal no. 1077/2002 m/s. the new india assurance co. ltd. vs. mohinder kaur by which, while allowing appeal partly, order of district forum allowing complaint was modified. 2. brief facts of the case are that complainant/respondents husband mohan singh obtained medi-claim insurance policy from the op/petitioner on 24.10.2000 for a period of one year for a sum of rs.1,00,000/-. during the subsistence of the insurance policy, mohinder singh developed brain tumor and spent more than rs.1,20,000/- on his treatment and ultimately died on 06.11.2001. mohan singh during his life time approached op for reimbursement of medical expenses, but to no effect. later on, complainant filed complaint before district forum alleging deficiency on the part of op. op resisted complaint and submitted that deceased mohan singh did not disclose that he was suffering from aforesaid disease and in such circumstances, was not entitled to reimbursement of the medical expenses and claim was rightly repudiated by letter dated 31.3.2002 and prayed for dismissal of complaint. learned district forum after hearing both the parties, allowed complaint and directed op to pay rs.1,00,000/- along with 18% p.a. interest and awarded cost of rs.2500/-. appeal filed by the .....

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Sep 04 2013 (TRI)

M/S. Rohit Chemical and Allied Industries Pvt. Ltd. Village Sallewal V ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... resale, the object of the act appears to be to exclude such commercial transactions from the purview of the act. instead, legislature intended to confine the redressal to the services contracted or undertaken between the seller and the consumer, defined under the act. it is seen that the appellants admittedly entered their letters of credit with the respondent. the respondent is .....

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Sep 05 2013 (TRI)

Adarsh Chemicals and Fertilizers Ltd. and Another Vs. United India Ins ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... may be therefore concluded that the loss in both cases falls equally, within the contract?. 19. in sri venkateswara syndicate vs. oriental insurance co.ltd. and anr., (2009) 8 scc 507, it was held that appointing surveyors one after another so as to get a ..... complainant has also cited few authorities in his favour. in harris vs. poland, lloyds list law reports, vol.69-35, march, 12, 1941, it was held :- the object of the contract is to indemnify the assured against accidental loss by fire, and so long as the property is accidentally burnt, the precise nature of the accident seems to be immaterial. it .....

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Oct 10 2013 (TRI)

New India Assurance Company Ltd., Through Manager Vs. Manish Abhay Bed ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the question as to whether the cancellation was valid or not. the jurisdiction of the consumer fora can only be invoked if there is a privity of contract. once there is no privity of contract, the complainant is not a consumer and therefore, the complaint itself was not maintainable. * the complainant, if aggrieved, could have challenged the cancellation of the policy, if ..... of the petitioner company. * once the policy was cancelled, the question of payment of claim does not arise. the complaint itself was not maintainable as there was no privity of contract between the complainant and the petitioner company. the complainant in any case was not entitled to challenge the cancellation in any manner as she was not privity to the ..... contract. the cancellation having been not challenged by the insured could not have been challenged by the complainant. * the state commission erred in recording the finding that the letter refunding the ..... laxmi narain dhut iii (2007) cpj 13 (sc) = iv (2007) slt 102 = ii (200and) acc 28 (sc) has held that the policy is a contract between the parties and both the parties are bound by terms of contract?. in the case of nand kumari and ors vs oriental insurance co. ltd., - i (2012) cpj 357 (nc), the national commission has held that .....

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Oct 29 2013 (TRI)

N. Manohar Reddy Vs. Happy Farm and Resorts and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... and conspectus of the provisions of the act we think that the contention is not well founded. the parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil action in a competent court of .....

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Nov 01 2013 (TRI)

Tainwala Personal Care Product Pvt. Ltd. Vs. Royal Sundaram Alliance I ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... / arbitrators of the amount of the loss or damage shall be first obtained.? 4. the insurance company declined to appoint an arbitrator, inter alia, contending that there was no concluded contract of insurance between the parties. the complainant approached the honble high court of bombay, which, vide its order dated 07.05.2012, disposed of the application. the honble high court ..... , by the honble high court, bombay, the petition was filed immediately in this commission, on 13.08.2012. counsel for the opposite party further argued that there was no concluded contract. section 14 of the limitation act requires that the request made by the complainant should be bonafide. he contended that after having lost the battle in one forum, the complainant .....

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Jan 13 2014 (TRI)

Shnyni Valsan Pombally Vs. State Bank of India, Santo Estvam Branch an ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the other into a bargain from his ignorance of the fact, and his believing the contrary.? 15. bearing in mind the aforenoted principle governing a contract of insurance, we may advert to the facts at hand. as stated above, for returning the finding that the deceased/insured had obtained the insurance ..... 14. referring to the decision in the case of carter vs. boehm - (1766) 3 burr 1905, the apex court noted:- 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 ..... repudiate their 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. 13. in this behalf it would be useful to notice the following observations of the supreme court in satwantkaurs case (supra):- thus ..... duty to disclose correctly all material facts which are within his personal knowledge or which he ought to have known had he made reasonable inquiries. a contract of insurance, therefore, can be repudiated for non disclosure of material facts.? 11. the question for examination is as to whether in the ..... order, we are of the opinion that there is no merit in this revision petition. it is a well settled proposition of law that a contract of insurance is based on the principle of utmost good faith uberrimaefidei, applicable to both the parties. the rule of non disclosure of material .....

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Jan 22 2014 (TRI)

National Insurance Co. Ltd. Vs. Vinod Puri and Another

Court : National Consumer Disputes Redressal Commission NCDRC

..... the foras below, in violation of the above noted position of law laid down by the supreme court have expanded the scope of the insurance contract on the basis of presumption and assumption which is not permissible. thus, in our view, both the foras below have exceeded their jurisdiction while allowing ..... intended to be covered by the insurance policy and on this premise, district forum has allowed the complaint. on perusal of the copy of insurance contract which is placed on record, it is clear that plant, machinery and accessories as also the stock of rubbers for retreading situated at shop at ..... uberimmafides i.e. good faith on the part of the insured. except that, in other respects, there is no difference between a contract of insurance and any other contract. 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 ..... outside aid for construction of insurance policy is impermissible.? 9. on reading of the above, it is clear that an insurance contract has to be construed like any other contract on the basis of its terms and conditions and outside aid for construction of insurance policy is impermissible. 10. insurance policy clearly ..... the extent of liability of the insurer. 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 .....

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Feb 06 2014 (TRI)

New India Assurance Company Ltd. Vs. Birbal Singh Jhakhar

Court : National Consumer Disputes Redressal Commission NCDRC

..... a trailer except the towing (other than for reward) of any one disabled mechanically propelled vehicle?. 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 ..... terms and conditions of the insurance policy but also provisions of the motor vehicle act. it is contended that in view of the aforesaid fundamental breach of condition of insurance contract, the petitioner was justified in repudiating the insurance claim. 6. learned shri j.m.bari, advocate on the contrary has argued in support of the impugned order. it is argued ..... furnish the basis for construction of a policy. such outside aid for construction of insurance policy is impermissible.? from the above judgment, it is clear that an insurance contract is like any other commercial contract and it must be construed strictly as per its terms and conditions.admittedly, in this case, at the time of incident, vehicle was being plied on a .....

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Feb 07 2014 (TRI)

Dr. Ajay Singh Bhambri Vs. M/S. Axis Bank Limited the Mall, Ludhiana T ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... (2) scc 719] saying that merely filling any proposal for insurance and depositing first premium with the life insurance corporation, do not create a binding contract between the parties. the state commission has also placed reliance on the order passed by this commission in elsa tony phillip versus lic of india and ..... of the wife of the complainant took place. we have, therefore, no reasons to differ with the findings of the state commission that no concluded contract had come into existence between the parties. the state commission, in their well-reasoned order have relied upon the order of the honble supreme court ..... allowed to suffer. learned counsel, however, could not put forward any reasons to say that mere acceptance of a premium had resulted in a concluded contract between the parties. 4. we have examined the entire material on record and given a thoughtful consideration to the arguments advanced before us at admission ..... for deficiency in service and harassment at rs.5 lakh. vide impugned order, the state commission held that in the absence of a concluded contract between the parties, the insurance company could not be held liable to pay the loan amount of the share of smt. vandana bhambri, who ..... m/s. axis bank limited and anr.? vide which, the said consumer complaint was ordered to be dismissed and it was held that no concluded contract had come into existence between the parties and hence, the op no. 2 insurance company could not be held liable to pay the loan amount .....

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