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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: punjab and haryana Page 1 of about 1,398 results (0.037 seconds)

Mar 28 2014 (HC)

The New India Assurance Company Limited Vs. Sunita Bhandari

Court : Punjab and Haryana

..... satisfied, the defendant has filed the instant appeal submitting that following substantial question of law arises in this appeal for consideration of this court:- could the insurer go beyond the contract of indemnity and accept the claim of the insured when the policy terms do not permit the same?. . after considering the contentions raised on behalf of the appellant, this court passed .....

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Mar 12 2014 (HC)

Present: Mr. Jagjit Singh Chatrath Advocate for Vs. Sukbir Singh and O ...

Court : Punjab and Haryana

..... entitlement is only for a third party against the insurer. if there was no personal accident cover, there is scope for making the insurer liable, for insurance is a contract of indemnity. the insurance can be made liable only for liability for the insured himself. the insured cannot be a claimant and also the person who is liable for the accident by .....

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Feb 10 2014 (HC)

United India Insurance Co. Ltd. Vs. Sidharat Raju and Others

Court : Punjab and Haryana

..... -1665-2010 (o&m) 3 as the deceased borrowed the car from the owner, he stepped into the shoe of the owner. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. the ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms thereof. it was held in the said decision that section 163- a of ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

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Jan 30 2014 (HC)

National Insurance Co. Ltd. Vs. Rita Goyal and Others

Court : Punjab and Haryana

..... accuracy and integrity of this document high court chandigarh fao-6041-2011 (o&m) 3 cannot be the recipient of the compensation. the insurance policy is a contract of insurance only provides for indemnity to the insurer company as the liability of the owner towards third party and not the user /rider, who steps into the shoes of the insured himself. from ..... was also held in the said decision that where, however, compensation is claimed for the death of the owner or another passenger of the vehicle, the contract of insurance being governed by the contract qua contract, the claim of the claimant against the insurance company would depend upon the terms shanker gauri 2014.02.07 09:57 i attest to the accuracy and ..... of awarding the compensation under the act. the benefits of the insurance policy is restricted to the personal insurance cover to the owner and the personal accident cover is a contract between the insured and the insurer and only designed to give the benefit to the insured and not to the borrower. the lrs of the third party cannot claim the .....

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Jan 20 2014 (HC)

Reliance General Insurance Co. Ltd. Vs. Kamlesh and Others

Court : Punjab and Haryana

..... motor vehicle accident. drawing an analogy from the aforesaid observation of the hon ble apex court, when liability of the insurance company arises from a specific type of contract i.e. contract of indemnity, how can they be permitted to take benefit of compassionate assistance which results from employer-employee relationship and which is a right accruing by virtue of a welfare legislation ..... 34 helen c. rebello s case (supra), the hon ble supreme court observes as under: how can an amount of loss and gain of one contract be made applicable to the loss and gain of another contract. similarly, how an shanker gauri 2014.02.05 17:04 i attest to the accuracy and integrity of this document high court chandigarh fao -307 .....

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Jan 14 2014 (HC)

Present:- Mr. Ashit Malik Advocate Vs. Ranjeet and Another

Court : Punjab and Haryana

..... (supra) where there was no insurance cover for use of the vehicle as a transport vehicle. the insurance company is made liable on a contract of indemnity that it provides through a policy and if there was a contract for covering the risk for user of the vehicle for a commercial purpose that itself must be seen as justifying a claim against the ..... caused while plying the vehicle for commercial purpose, the third party is entitled to obtain enforcement of right against the insurance company and even the insured is entitled to 100% indemnity. the denial of such a right to the claimant and exoneration of the insurance company was clearly untenable. fao no.5366 of 2011(o&m) 2 2. learned counsel refers .....

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Dec 10 2012 (HC)

Present: Mr. L.M.Suri Senior Advocate with Vs. Sohan Lal and Others

Court : Punjab and Haryana

..... . but we are called upon to examine this question on the facts placed before us. the liability to compensation arises from the use of the motor vehicle. the contract of insurance is a contract of indemnity. when in this case, both the tractor with the attached trailer were moving along the road, both the vehicles were used in a public place. the accident ..... .48. agricultural and forestry vehicles and other miscellaneous vehicles with trailers attached - extended cover it is hereby declared and agreed that in consideration of an additional premium of rs .., the indemnity provided by this policy shall apply in respect of any trailer (including agricultural implements such as ploughs, harrows and the like) described in the under noted schedule of trailers as ..... relevant imt provisions are reproduced: imt.30. trailers. ( applicable to private cars only) in consideration of the payment of an additional premium it is hereby understood and agreed that the indemnity granted by this policy shall extend to apply to the trailer (registration no.......) . provided always that - 1. *the idv of such trailer shall be deemed not to exceed * * fao no ..... company in every situation where the insured's vehicle is involved, the benefit that the insurance company could obtain would be only to deny to the insured a right of indemnity and allow for recovery of the claim from the insured. as far as the third parties are concerned, the respondents counsel would argue that they shall be entitled to enforce .....

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Oct 01 2002 (HC)

The New India Assurance Company Ltd., Through Its Regional Manager Vs. ...

Court : Punjab and Haryana

Reported in : II(2003)ACC677; 2003ACJ1454; (2003)133PLR783

..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. if the owner of the vehicle, who has the benefit of indemnity is himself not covered by the policy, his representatives unless he be an employee covered by the first proviso to section 5(1)(b) is in no better ..... is to be compensated. their lordships of the karnataka high court held that owner of the karnataka high court held that owner of the vehicle who has the benefit of indemnity is himself not covered and his representative is in no better position unless he be an employee covered by the first proviso of section 85(1)(b) of the act ..... .e. his father. in that case, the son of the owner of the goods vehicle was accompanying the goods and not as an employee. it was observed that basically a contract of motor insurance seeks to indemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of .....

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Aug 11 2000 (HC)

United India Insurance Co. Ltd. Vs. Darshan Kaur Etc.

Court : Punjab and Haryana

Reported in : I(2001)ACC681; 2001ACJ998; (2000)126PLR826

..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. if the owner of the vehicle, who has the benefit of indemnity is himself not covered by the the policy, his representatives unless he be an employee covered' by the first proviso to section 95(1)(b), is in no ..... . question arose whether the owner of the vehicle is to be compensated. their lordships of the karnataka high court held that owner of the vehicle who has the benefit of indemnity is himself not covered and his representative is in no better position unless he be an employee covered by the first proviso of section 95(1)(b) of the act ..... .e. his father. in that case, the son of the owner of the goods vehicle was accompanying the goods and not as an employee. it was observed that basically, a contract of motor insurance seeks to idemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of ..... claimants. united india insurance company limited would have been liable to reimburse if some body else had died while travelling by this canter in accident. it is submitted that the contract of insurance entered into between harjinder singh and the insurer (united india insurance company limited) is that the insurer will compensate the third party if it suffers injury or death .....

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May 13 1997 (HC)

Smt. Tirpta Bakshi and ors. Vs. Sukhwant Singh and ors.

Court : Punjab and Haryana

Reported in : 1999ACJ498; [1998]93CompCas381(P& H); (1997)117PLR406

..... transferor did not intimate the insurance company with respect to the sale of the vehicle. the insurance company did not transfer the policy to thetransferee. thus, in terms of the contract of indemnity, i.e., the insurance policy, the insurance company was absolved of its liability to pay compensation to the claimants. 4. learned counsel for the appellants challenged the finding of ..... policy, consequently the insurance company is jointly and severally liable to pay compensation to the claimants. it is nobody's case that the driver of the vehicle was not under indemnity of the insurance company under the insurance policy. i may hasten to add that inferences ordinarily should be drawn in favour of the claimants who are a third party and ..... were not privy to the contract of insurance. the statutory insurance is encumbent to protect his interest. the attempt should be to protect his interest rather than to defeat it, as otherwise the respondents would be ..... raj, may be the owner has not remained in actual possession for the purpose of plying the vehicle. mere transfer of ownership would not really affect the matter when the contract of insurance policy covers the driver too. moreover, as discussed earlier, hans raj, insured, was the owner of the truck having a subsisting interest in it and it is for .....

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