Court : Orissa
Decided on : Sep-22-1972
Reported in : AIR1973Ori166; 38(1972)CLT1196
..... interest in that car. an insurance policy being a contract of personal indemnity, the insurers cannot be compelled to accept responsibility in respect of a third party who may be quite unknown to them. therefore, the motor car specified in the policy ..... or incurred after any variation in or termination of the insured's interest in the motor car. xx x xx 4. it is well settled that a contract of insurance is nothing but a contract of indemnity. the policy issued is with reference to a specified car, owned by the policy-holder and consequently the policy will remain effective while he retains an ..... interest to which the policy in his favour can relate and continue to have force. the basis of the contract of insurance is not merely the person in whose favour an insurance is effected but also the specified car to which the indemnity relates, as will be clear from the details required of the car which are not in the schedule to ..... the policy. it is with reference to those details and the history of the vehicle and its owner that the premiums payable on the insurance is determined and the contract is formed. it, therefore follows that .....Tag this Judgment!
Court : Delhi
Decided on : May-09-1972
Reported in : AIR1973Delhi115; 44CompCas316(Delhi); 1972RLR91
..... transfer of the motor vehicle. we are, thereforee, clearly of the view that in the absence of a stipulation to the contrary, an insurance policy which is a personal contract for indemnity, lapses upon the transfer of the motor vehicle and the benefit of the policy is not available to the transferee without an express agreement with the insurance company. (16) the ..... seller is liable, the insurance company is certainly liable, but if the motor cycle had been sold to the purchaser, the insurance company claims exoneration from liability, as the contract of indemnity contained in the insurance policy had lapsed. it is not denied that the purchaser did not give any information about the purchase of the vehicle to the motor registering authorities ..... vehicle, the liability of the seller arises and consequently liability of the insurance company to indemnify the seller against third party risk remains intact and subsisting in terms of the contract of insurance. (19) on the question of liability for the accident, there is not much dispute between the parties. it appears to us that the seller permitted the purchaser to ..... 96 presupposes the existence of a valid insurance policy. should such a policy be subsisting, the insurer cannot raise any other defense, but where the existence or subsistence of a contract of insurance is challenged or the insurer contends that the policy has lapsed or is not available to cover the liability of the purchaser of the vehicle, the restrictions contained .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-23-1972
..... gross business for the period 1954 through 1962. in 1962, the corporation seriously underbid two projects and defaulted in its performance of the project contracts. it proved necessary for maryland to complete the work. maryland then sought indemnity from generes and kelly. the taxpayer indemnified maryland to the extent of $162,104.57. in the same year, he also loaned ..... time basis. his total income was about $40,000 a year. he advanced money to the corporation and signed an indemnity agreement with a bonding company, which furnished bid and performance bonds for the construction contracts. the corporation defaulted on contracts in 1962, and the taxpayer advanced over $158,000 to the corporation and indemnified the bonding company to the extent ..... most of these were obtained from maryland casualty co. that underwriter required the taxpayer and kelly to sign an indemnity agreement for each bond it issued for the corporation. in 1958, however, in order to eliminate the need for individual indemnity contracts, taxpayer and kelly signed a blanket agreement with maryland whereby they agreed to indemnify it, up to a designated ..... as well, even though the non-qualifying motivation was the primary one." [ footnote 7 ] "you must, in short, determine whether mr. generes' dominant motivation in signing the indemnity agreement was to protect his salary and status as an employee or was to protect his investment in the kelly generes construction co." "mr. generes is entitled to prevail in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-28-1972
Reported in : AIR1973SC281; 43CompCas431(SC); (1972)2SCC877; 2SCR464
..... is a money or any other benefit received which ought to be taken into account in diminishing the loss or in ascertaining what the real loss is against which the contract of indemnity is given, the indemnifier ought to be allowed to take advantage of it in order to circulate what the real loss is.' 36. so the only term to be ..... application of the doctrine of subrogation to policies of marine insurance is based upon the fundamental principle that the contract of insurance contained in a marine policy is a contract of indemnity, and of indemnity only. 33. the expression 'subrogation', in relation to a contract of marine insurance is no more than a convenient way of referring to those terms which are to be implied ..... indemnified. 34. the right of the insurer against the person responsible for the loss, does not rest upon any relation of contract or of privity between them. it arises out of the nature of the contract of marine insurance as a contract of indemnity, and is derived from the assured alone, and can be enforced in his right only. 35. sub-section (1) of ..... . 333, 339. said: the general rule of law (and it is obvious justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy, or a policy against fire on land, or any other contract of indemnity) and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the amount which the indemnifier is .....Tag this Judgment!
Court : Chennai
Decided on : Nov-13-1972
Reported in : (1973)2MLJ276
..... fire, accident, and so forth--i do not think you can assign the policy so as to make of what is a contract of personal indemnity to a, into a contract of personal indemnity to b. i hope, i have made that clear. you cannot thrust a new assured upon a company against its will. ..... saloon body jo horse-power 1946 manufacture and seating capacity of four, and after satisfying that ambalal's driving history was satisfactory, entered into a contract of personal indemnity with him. at the time of the accident, the same assured ambalal was driving the same assured car ' singer 'msp 6788. despite the ..... than ambalal had been driving the car, the insurance company might well complain, 'you are not the person with whom we entered into a contract of indemnity. we do not know anything about your previous driving history. nor do we know whether you are a man whose record is such that we ..... cases had the effect of depriving the insured person of all interests in the insured car and of taking the car outside the ambit of the contract of personal indemnity entered into between the insurance company and the original owner. in this case, however, the sale effected by ambalal, the assured, did not ..... a review of the three english cases, upon which the division bench ruling of this court is founded, shows that because a contract of motor insurance is a contract of personal indemnity, the moment the insured person sells his car to another and loses all insurable interest therein, the insurance policy comes to an .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-15-1972
Reported in : 151ITR286(Cal)
..... bear half of any loss sustained by the other in connection with such business was held to constitute not a del credere agency, but a contract of indemnity. a del credere agency does not need to be in writing because being merely incidental to another transaction, it is not a promise to ..... any further, we may state that the assessee's contention is that with, the group a companies, it never had any privity of contract at all. contracts were entered into with the group a companies by the export company only pursuant to orders for which the assessee had canvassed in india. moreover ..... has not been traversed by the department) are (a) procuring of raw materials and manufacture of finished goods took place outside the taxable territories,(b) contracts for sale of goods were entered into outside the taxable territories,(c) price was received by the non-residents outside the taxable territories, and (d ..... on behalf of the nonresidents. some commercial activity was undoubtedly carried on by the assessees in the matter of procuring orders which resulted in contracts for sale by the non-residents of goods to merchants at amritsar. but on this account no business connection of the assessees with the ..... answer for the debt, default or miscarriage of another within section 4 of the statute of frauds.' in anson's law of contract, 21st edition, page 517, .....Tag this Judgment!
Court : Chennai
Decided on : May-05-1972
Reported in : (1972)2MLJ462
..... of recourse to the endorser. the learned judge evidently proceeds on, the footing that the relationship between the parties is governed only be contract and that the right of indemnity is therefore not available to the maker against the endorser on any account. it appears to me that the learned judge has, ..... iyer, j., is positive that the maker of a promissory note who is in the position of a principal debtor has no right to indemnity against the original payee or endorser and that the only remedy open to an aggrieved maker of the promissory note was to file a suit for ..... : air1965mad495 and relying upon the passage in eastern shipping co. v. quah beng kee l.r. (1924) a.c. 177, that a right of indemnity exists where the relation between the parties is such that either in law or in equity there is an obligation upon the one party to indemnify the other ..... two sons as defendants. while observing that rule 1 of order 8-a, civil procedure code, applies to cases where the defendant would be entitled to-contribution or indemnity against a third party and that order 8-a will apply to suits on promissory notes, ramachandra iyer, j., has held that, if the maker ..... case it was found that pillaiyar gounder the respondent (assignee of ;the proinissory notes) was entitled to decrees, govindaraja their elder brother was bound to indemnity the petitioners for the loss caused thereby to them.4. the learned district munsif had dismissed both the applications on the ground that the petitioners would .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-21-1972
Reported in : AIR1972SC696; (1973)3SCC406; 1972(4)LC539(SC)
..... find any such infirmities in the reasoning of the two courts particularly with regard to the surrounding circumstances and other evidence which showed that the contracts were non-transferable.9. the only other question which has been agitated relates to the quantum of damages. it is common ground that ..... to the conclusion that the obligation to supply the bags was on the plaintiff.4. the goods which were the subject-matter of the contracts were of expeller quality which reinforced the view that they were intended for the oil expelling business of the plaintiff.8. after a careful ..... groundnut seeds in those bags supported the plaintiff's case that actual delivery of goods was contemplated.(iv) there was overwhelming evidence that the contracts were genuine and true transactions intending delivery of goods and that the defendants plea that the parties intended only to pay or receive the difference ..... appeal to the high court. the high court gave the following findings:(i) the groundnut seeds which were agreed to be supplied by the two contracts were of 'expeller quality' which was used for extracting oil, the other variety being 'company quality' which was used for the purpose of export ..... called upon to take delivery of the empty gunny bags by giving an indemnity bond to the railway authorities. the defendants sent a telegram in reply saying that the transaction in question was of a 'satta forward contract and was illegal and uninforceable'. this was followed by other telegrams which need .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-29-1972
Reported in : AIR1973Kant28; AIR1973Mys28; (1973)1MysLJ186
..... of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such, advantage.'the usufructuary mortgagee in this case, as already found, was able to maintain possession of the suit properties on the basis of .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-08-1972
Reported in : AIR1973All376
..... all persons so interested the advantage so gained but subject to payment by such persons of their due shares of the expenses properly incurred and to an indemnity by the same persons against liabilities properly contracted in gaining such advantage.' section 90 deals with the advantage gained by a qualified owner of any property and provides that if such qualified owner by .....Tag this Judgment!