Court : Mumbai
..... to in section 23a. 14. the first respondent was and is therefore entitled to retain the amounts in a suspense account and to treat the same as payment under the contract of indemnity only in the event of it ultimately being unable to recover the amounts from the debtor's. 15. mr. patwardhan reiterated that in the event of the first respondent ..... admitted position that the premium had been debited to the loan accounts and had not been paid by the first respondent. 9. in a contract of indemnity the indemnity holder is not bound to sue the indemnifier. the indemnity holder may sue only the debtor or only the indemnifier or both. in law there is nothing that prevents an agreement or arrangement between an ..... the first respondent is now barred from recovering the same amount over again from the appellant's and the other respondents. he submitted that the contract between the first respondent and the dicgc is a contract of indemnity and to the extent that the first respondent is reimbursed by the corporation the benefit to the extent thereof must be passed over to the ..... be enforced. in particular we do not find anything that prohibits arrangement whereby the indemnifier pays the amount due under the contract of indemnity subject to the condition or on an understanding between the indemnity holder and the indemnifier that the indemnity holder will continue to pursue its remedies against the debtor and in the event of it recovering the amounts from the debtor .....Tag this Judgment!
Court : Delhi
..... consequential loss and/or in the alternative the said reasons are not in consonance with the fundamental policy of law of insurance which is that the insurance contract is always a contract of indemnity and the insured cannot benefit out of the payments made towards the indemnification. i find that merely because the value of sum to be recompensed to the ..... relies on the tariff advisory committee s (tac) general regulation 1 on consequential loss (fire) insurance section 1 which reads as under: policy to constitute contract of indemnity: every policy shall constitute a contract of indemnity only. the tariff advisory committee was formed under section 64u of the insurance act, 1938 to prescribe the terms/conditions/premium rates and wordings of insurance ..... 22 & 23. c) mr. kaul argued that the impugned award passed by the arbitral tribunal is also against the fundamental policy of law which is that the contract of insurance is contract of indemnity. the impugned award though states that the intent of the policy is to indemnify the respondent for the losses suffered it but proceeds to adopt an approach which ..... basis. further, the learned arbitral tribunal also rejects the submissions of the petitioner herein/ respondent therein in paragraph 69.5 that the business interruption insurance/ flop policy is a contract of indemnity by observing that it is not acceptable in law . likewise on the facts of the case, the claimant s surveyor/ mr. r. srivatsan/cw3 during his cross examination .....Tag this Judgment!
Court : Mumbai
..... on the part of the purchaser to pay off the previous encumbrance on the property sold. under section 124 of the indian contract act "a contract of indemnity" is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or ..... rulings of the chancery courts. this has not wiped off the common law cause of action vested in a promisee under an indemnity contract for enforcement of obligation on the indemnity contract itself by seeking a direct decree against the promisee (promisor?). to such decree he was entitled at common law only upon ..... sheodeni singh and venkatanarayaniah v. subramania iyer. . 5. it was then contended by mr. b. c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937, when the final mortgage decree was passed and not on february 25, 1943 when ..... : air1940bom161 , which both cases are referred to in the judgment of the learned judge. in my view, on a true construction of the contracts of indemnity admitted between the parties, it was permissible for the plaintiff to call upon the defendants to pay the amounts claimed in the order dated february 28 ..... no dispute between the parties that in respect of the goods sold and delivered by the plaintiff to the defendants during the above period a contract of indemnity in the terms contained in the above letters existed. 4. in connection with the sales tax relating to the goods sold by the plaintiff .....Tag this Judgment!
Court : Kerala
..... with proper notice to him.12. apposite would be a reference to the decision in oriental insurance co. ltd. v. meena variyal [(2007) 5 scc428:- "ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the insured, when it meets .....Tag this Judgment!
Court : Andhra Pradesh
..... the act. it is inter alia held as under: in new india assurance company limited v. lodya shankar and another (2 supra).this court held that the contract of insurance is a contract of indemnity and that the insurer is liable only to the extent of the liability it undertakes. it was further held that when the owner of the vehicle chose to .....Tag this Judgment!
Court : Mumbai Goa
..... and tear. there must be some casualty, something which could not be foreseen, as one of the necessary incidents of the adventure. the purpose of the policy (or contract) is to secure an indemnity against accidents which may happen, not against events which must happen. not only losses which are occasioned by extraordinary violence of the winds or waves are losses by ..... . there has to be a casualty, something which could not be foreseen, as one of the necessary incidents of the adventure. the purpose of the policy is to secure an indemnity against events which have occurred by extraordinary violence of the wind or waves. 18. in the law lexicon while dealing with the perils of the sea, it was inter-alia ..... winds and waves, not comprehended in the ordinary wear and tear of the voyage or directly referable to the acts and negligence of the assures as its proximate cause. in contracts of sea carriage, the words perils of the sea? have been defined as sea damage occurring at sea and nobody is at fault?. (lopes l.j. quoted in hamilton v ..... in thames and mersey m.i.c. v. hamilton, (1887) 122 app. cas. 492) the expression has the same meaning in a contract of sea carriage as it has in a marine policy; but in the case of a contract of carriage the court looks to what has been termed the remote as distinguished from the proximate cause of damage, whereas in .....Tag this Judgment!
Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... opposite parties. it was further stated that the opposite parties, demanded additional documents, such as claim form duly stamped and signed, indemnity form, permit/contract and load challan. the complainant replied to the opposite parties, that the permit/contract licence was required only, in the case of public vehicles and not for private vehicles. 4. however, inspite of all that ..... a state government and used for government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance ..... the appellant, submitted that, since the vehicle was a transit mixture, being used by the complainant, for private purpose, for carrying on the construction work, in pursuance of the contract, aforesaid, awarded to him, it (transit mixer), did not fall within the definition of a transport vehicle. he further submitted that, under these circumstances, the vehicle, in question ..... it dismissed the complaint, filed by the complainant (now appellant). 2. the facts, in brief, are that the complainant being an engineer and contractor by profession, got a contract from the public works department of the state of uttar pradesh, to construct an inter-state link bridge between saharanpur (uttar pradesh state)/karnal (haryana state), over yamuna river, .....Tag this Judgment!
Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... the contract of insurance generally belongs to general category of contract of indemnity and that the services may be for any connected commercial activity, yet it would be within purview of consumer protection act, 1986. learned counsel also ..... services of insurance company by complainants who are carrying on commercial activities, can not be held to be a commercial purpose and that the policy is taken for reimbursement or indemnity for loss which may be suffered due to various perils. it was further held that there is no question of trading or carrying on commerce in insurance policy and that .....Tag this Judgment!
Court : Canada Supreme Court
..... . . . 2. claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. however, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent ..... a fact to be proven to justify an insurers decision to deprive its insured of coverage.  at common law, since this courts decision in canadian indemnity co. v. walkem machinery and equipment ltd., 1975 canlii 141 (scc),  1 s.c.r. 309, [a]t least as far as ..... . the federal courts decided in favour of the insurer and the appellants submit they erred.  royal issued a policy to the appellants including protection and indemnity coverage during the relevant time. the policy covered liability in consequence of . . . damage to any fixed or movable object? and arising from an ..... 2010), at p. 288; e. gold, a. chircop and h. kindred, maritime law (2003), at p. 728. it is worth noting that the contracting states considered, but expressly rejected, the inclusion of gross negligence? as a sufficient level of fault to break the liability limit: comit maritime international, the travaux pr ..... purpose to establish a virtually unbreakable limit on liability and does not accord with its text.  i turn first to the conventions purpose. the contracting states to the convention intended the fault requirement to be a high one the limitation on liability was designed to be difficult to break: margolle .....Tag this Judgment!
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 .....Tag this Judgment!