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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: chennai Page 1 of about 6,059 results (0.105 seconds)

Dec 15 2016 (HC)

National Insurance Co. Ltd., Trichengode Vs. Saritha and Others

Court : Chennai

..... appellant has not questioned the quantum fixed by the trial court. according to the learned counsel for the appellant the trail court ought to have held that there is no contract or indemnity between the insurer and insured and the appellant insurance company is not liable to pay any amount as compensation, and the owner of the vehicle is only liable to ..... held that while insurance policy covers only driver of motor vehicle and no other person employed in motor vehicle is covered under policy, the persons carried in pursuance of the contract of employment was construed as passenger under old act, the present act does not contain such provision, that insurance policy covers persons or class of persons specified in the policy ..... increased third party property damage risks, section 11-i(ii) endtt.70 unlimited amt. 9. the above said entires incorporated in the police would make abundantly clear that there was contract between the owner of the vehicle and the insurance company and hence, the insurance company has to be anchored with the liability to pay the compensation. in such view of .....

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Aug 04 2016 (HC)

Yogesh Kumar Agarwalla Vs. The Branch Manager, Union Bank of India, Th ...

Court : Chennai Madurai

..... court. 21. it is to be pointed out that a 'guarantee' is a tri-partite contract between three persons (1) principal debtor (2) creditor and (3) surety. after all, the contract of indemnity is a bilateral one. for constituting a 'contract of guarantee' there ought to be a third contract by which the principal debtor expressly or impliedly requests the surety to act ' as surety ..... '. the contract is a consensual act and parties are at liberty to impose any terms, as they ..... desire/like. a written contract may be a single document and each party is bound ..... other than the petitioner as co-applicant or as a co-obligant and in fact, it is well within the purview of the respondent/bank to obtain a document of indemnity between the petitioner, respondent/bank and any third party, as the case may be, of course, in accordance with law. 25. with the aforesaid observation(s) and direction(s), the .....

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Apr 04 2014 (HC)

Opg Energy Pvt. Ltd. Vs. Gail India Limited

Court : Chennai

..... consumers of such electricity, by supplying the same through the common grid.17. it has been further stated that sufficient warranty is available and there is an indemnity clause in the concluded contracts to offset any loss that may be suffered by the gas authority of india limited. as such, the request of the gas authority of india limited for ..... been supplied, substantially, to the tamilnadu electricity board, during the relevant period. no condition had been imposed on the appellant concerned, by the terms and conditions of the concluded contracts, that the `administered price mechanism price would be applicable, in respect of the natural gas supplied to them only if the electricity produced, by utilising using the gas, is ..... 3. the original applications had been filed by the applicants, who are the appellants herein, during the pendency of the arbitration proceedings, which had been initiated by them. the contracts in question had contained a number of terms and conditions, with regard to various aspects, including the quantities of gas required to be supplied by gas authority of india limited ..... gas, government of india. the natural gas is being supplied by the gas authority of india limited, new delhi, which is a government of india undertaking, based on the contracts concluded amongst the parties concerned. the appellants herein had filed various applications, under section 9 of the arbitration and conciliation act, 1996, seeking interim orders of injunction to restrain the .....

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Apr 03 2014 (HC)

United India Insurance Co. Ltd. Vs. Selvi

Court : Chennai

..... at all responsible and therefore the entire liability fastened on the 1st respondent is not correct. the terms of the insurance policy will certainly bind the 2nd respondent under the contract of indemnity, as the claimant was not a gratituous passenger.10. while explaining the effect of section 147(1)(b)(i) of the motor vehicles act, the supreme court in united ..... seat. no other person whether as a passenger or as a owner of the vehicle is supposed to share the seat of the driver. violation of the condition of the contract of insurance, therefore, is approved. the tribunal and the high court, therefore, in our considered opinion, should have held that the owner of the vehicle is guilty of the breach ..... 1st respondent along with the luggages, for consideration has to be held as true.15. in the aforesaid circumstances, the claimant cannot be called as a gratuitous person and the contract of indemnification entered into between the respondents 1 and 2 cannot be kept away for refusing the payment of compensation to the claimant by the 2nd respondent. in the aforesaid .....

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Jun 10 2009 (HC)

New India Assurance Company Limited by Its Branch Manager Vs. K. Thila ...

Court : Chennai

Reported in : (2009)6MLJ785

..... contract of indemnity. the term' accidental injury means' an injury resulting from external, violent and unanticipated causes, especially, a bodily injury caused by some external force or agency operating contrary to a person ..... of the policy in an accident. an accident insurance policy cannot be construed as a movable property unlike a life insurance policy or annuity. no wonder accident insurance is a contract to pay a fixed sum in case of death resulting from accident, either generally or limited to accidents of a particular kind. accident, like life insurance is not always a ..... new india assurance co. ltd., (hereinafter called 'the company') written proposal as per the schedule hereto(warranting the truth of the statements contained therein) which is the basis of this contract and is deemed to be incorporated herein and has paid to the company the premium herein stated for insurance of the risks hereinafter specified occuring during the period stated in ..... . 2009 (3) supreme 226 wherein it is observed that 'court while construing the terms of policy is not expected to venture into extra liberalism that may resuslt in rewriting the contract or substituting the terms which were not intended by the parties and that the insured cannot claim anything more than what is covered by the insurance policy'. added further in .....

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Jan 29 2007 (HC)

S. Dhanapal Vs. A. Jerome,

Court : Chennai

Reported in : II(2007)ACC226; 2008ACJ2480

..... him' under section 147 of the insurance act refers to the insured. therefore, the insurer is liable to indemnify the liability of the owner. any contract of indemnity would last till the lifetime of either of the contracting parties. with the death of the owner, the policy comes to an end and, therefore, the insurance company is not liable to compensate for the ..... following words:third party risks - road traffic act, 1930 (clause 43), (section 35), road traffic act, 1972 (clause 20), (section 143) connotes that the insurer is one party to the contract, that the policy holder is another party, and that the claims made by others in respect of the negligent use of the car may be naturally described as claims by ..... , in understanding the true meaning and import of the term. the term 'third party' must necessarily refer to a party other than those, who are parties to the contract of insurance. for a contract of insurance, the insurer is one party while the policy holder is the other party. any person or persons other than the said two party or parties would .....

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Feb 28 2005 (HC)

M. Venkatachalapathy Vs. United India Insurance-company Limited and or ...

Court : Chennai

Reported in : III(2005)ACC640; 2007ACJ94

..... total loss basis as is the method adopted in settlement of all claims.21. the insured's estimated value is rs. 2,20,000/- being a contract of indemnity, the insurer is liable to pay only the market value not exceeding the sum insured. the fixation of market value will be done only with the ..... for insurance of a motor vehicle, the proposer is required to state his estimated value of the vehicle; that when the insured seeks insurance by an indemnity policy for the value which is estimated to be the value of the goods/property sought to be insured, the insurer has no say in the ..... unenforceable, invalid and ultra vires of the constitution cannot sustain and hence it is only desirable to conclude that the petitioner being a party to the contract application of the terms and conditions cannot be normally questioned and hence he is not entitled to the relief of declaration as sought for in the w ..... connection, a reference may be made to series of decisions of this court wherein it has been held that duty of the court to interpret the document of contract as was understood between the parties. in the case of general assurance society ltd. v. chandmull jain reported in , it was observed as under: 'in ..... and the terms on which it was effective, mere reading of the proposals and the letters of acceptance would not give any terms. further when a contract of insuring property is complete, it is immaterial whether the policy is delivered or not for the rights of the parties are regulated by the policy .....

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Dec 10 2001 (HC)

National Insurance Co. Ltd. Vs. Raj Kumari and anr.

Court : Chennai

Reported in : 2003ACJ1572

..... 33, civil procedure code and since the respondent no. 2, the insured has not been fixed with any liability to pay, the insurer need not pay any sum. the contract of insurance is only a contract of indemnity to indemnify the liability of the insured. where the indemnitee suffers no liability, the indemnitor has no obligation to indemnify. but to allow the appeal on this ..... liability to pay any sum in respect of 'such judgment or award'. similarly, section 149(4) deals with the restriction in the certificate of insurance which also underscores the basic contract between the insurer and the insured that fixes the liability on the insurer to pay the amount payable by the insured. the above sections can only be understood to mean ..... the present case. this conclusion, reached by the high court is clearly erroneous. the liability of the insured has been upheld for the purpose of indemnifying the insured under the contract of insurance. there is thus, a basic fallacy in the conclusion reached by the high court on this point.the award assailed in this appeal also suffers from this fallacy ..... aggrieved. the decisions cited above are clear on this point.7. but there is an error in the award of the court below which must be set right. under a contract of insurance the insurer agrees to indemnify the insured against any liability or claim imposed on the insured? in malkiat singh v. joginder singh air 1998 sc 257, it was .....

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Dec 10 2001 (HC)

National Insurance Co. Ltd. Vs. Tmt. Rajakumari and anr.

Court : Chennai

Reported in : III(2002)ACC23

..... , c.p.c. and since the second respondent, the insured has not been fixed with any liability to pay, the insurer need not pay any sum. the contract of insurance is only a contract of indemnity to indemnify the liability of the insurer. where the indemnified suffers no liability, the indemnifier has no obligation to indemnify. but to allow the appeal on this ..... liability to pay any sum in respect of 'such judgment or award'. similarly, section 149(4) deals with the restriction in the certificate of insurance which also underscores the basic contract between the insurer and the insured that fixes the liability on the insurer to pay the amount payable by the insured. the above sections can only be understood to mean ..... the present case. this conclusion, reached by the high court is clearly erroneous. the liability of the insured has been upheld for the purpose of indemnifying the insured under the contract of insurance. there is, thus, a basic fallacy in the conclusion reached by the high court on this point.the award assailed in this appeal also suffers from this fallacy ..... aggrieved. the decisions cited above are clear on this point.8. but there is an error in the award of the court below which must be set right. under a contract of insurance the insurer agrees to indemnify the insured against any liability or claim imposed on the insurer. in malkiat singh v. joginder singh air 1998 sc 257, it was .....

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Dec 13 2000 (HC)

Agnes Corera Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [2001]249ITR317(Mad)

..... in favour of the insurance company. it was by virtue of the contract of insurance or of indemnity, and in terms of the conditions of the contract.(iii) that the fact that while paying for the total loss of or damage to the property, the insurance company took over such property ..... loss of the property, there was no transfer of it in favour of a third party. the money received under the insurance policy in such cases was by way of indemnity or compensation for the damage, loss or destruction of the property. it was not in consideration of the transfer of the property or the transfer of any right in it ..... or whatever was left of it, did not change the nature of the insurance claim which was indemnity or compensation for the loss. the payment by the insurance company was .....

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