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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1985 Page 1 of about 529 results (0.043 seconds)

Aug 30 1985 (HC)

National Insurance Co. Vs. Smt. Deepathumma Alias Beebi and Others

Court : Mumbai

Decided on : Aug-30-1985

Reported in : [1987]61CompCas537(Bom)

..... that could be reduced and limited to rs. 5,000, depending upon claims and not otherwise.18. policies of such type are contracts in indemnity and ordinarily such indemnity operates as a whole and is not in any manner divisible as such. it is to indemnify the claims arising out of accident as ..... were to hold that the liability is restricted by reason of the first clause, then in a given case, the total indemnity will never be available although the contract is for a given indemnity. as we may illustrate, if only one passenger were to travel, the liability will always then be restricted only to ..... tribunal was entitled to make available the entire indemnity, as there was no other claimant seeking satisfaction of any claim for compensation, as is done under the facts of the present case. the ..... rightly.22. after careful consideration of the provision in this regard and its objects and purposes, we think that the interpretation that furthers such an indemnity to its full extent rather than to a limited extent should be preferred.23. taking this view of the matter, we hold that the ..... giving rise to independent liability qua each person involved in an accident. the reasons given for construing that provision in favour of providing such an indemnity in accident matters are equally available while interpreting the provisions debated before us. section 95 of the act is compulsive provision and it requires a .....

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Aug 31 1985 (HC)

National Insurance Co. Ltd. Vs. Deepathumma and ors.

Court : Mumbai

Decided on : Aug-31-1985

Reported in : I(1987)ACC102; 1985MhLJ858

..... that could be reduced and limited to rs. 5,000/-, depending upon claims and not otherwise.17. policies of such type are contracts in indemnity and ordinarily such indemnity operates as a whole and is not in any manner divisible as such. it is to indemnify the claims arising out of accident as ..... were to hold that the liability is restricted by reason of the first clause, then in a given case the total indemnity will never be available although the contract is for a given indemnity. as we may illustrate if only one passenger were to travel, the liability will always then be restricted only' to ..... tribunal was entitled to make available the entire indemnity, as there was no other claim seeking satisfaction of any claim for compensation, as is done under the facts of the present case. the ..... rightly.21. after careful consideration of the provision in this regard and its objects and purposes, we think that the interpretation that furthers such an indemnity to its full extent rather than to its limited extent should be preferred.22. taking this view of the matter, we hold that the ..... giving rise to independent liability qua each person involved in an accident. the reasons given for construing that provision in favour of providing such an indemnity in accident matters are equally available while interpreting the provisions debated before us. section 95 of the act is a compulsive provision and it requires .....

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Mar 21 1985 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Pelaniappa Transp ...

Court : Andhra Pradesh

Decided on : Mar-21-1985

Reported in : AIR1986AP32

..... .6. in halsbury's laws of england, third edition, volume 22, in para 512 it is stated :'the doctrine of subroagtaion applies to all contracts of non-marine insurance which are contracts of indemnity, such as, for example, contracts of fire insurance, motor vehicle insurance and contingency insurance covering non-payment of money. it applies whether the loss is total or partial, and is ..... immaterial; subrogation applies even to a statutory liability.in vasudeva v. caledonian insurance company, : air1965mad159 , veeraswamy, j, speaking for the court observed :'a contract of motor insurance., like marine or accident insurance is, in essence, one of indemnity. the right of insurer to subrogation or to get into the shoes of the assured as it were, is inherent in and springs from ..... a corollary of the principle of indemnity. by requiring any means of diminishing or extinguishing a loss to be taken into account, it prevents the assured .....

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Jul 16 1985 (HC)

Manda Suryakanthamma Vs. District Registrar of Assurance, Srikakulam

Court : Andhra Pradesh

Decided on : Jul-16-1985

Reported in : AIR1986AP3

..... or by the conduct of any other person is called a 'contract of indemnity'. in the present case, the liability was undertaken in the event of default on the part of the original power of the lorry. the undertaking is ..... because sec. 124 of the contract act says that 'a contract by which one party promises to save the other from loss caused to him by the conduce of the promisor himself, ..... of this case and the reference was made accordingly.3. mr. c. trivikramarao, who assisted the court as amicus curiae contended that the instrument is an indemnity bond liable for duty under art. 30 of schedule 1-a which suffers the same duty as the security bond under art. 40 and submitted alternatively that ..... of sch. 1-a as the instrument is executed by the surety to secure the due performance of the contract.8. we cannot also construe this instrument as a deed of indemnity though the duty payable for the deed of indemnity is same as in the case of surety bond under art. 48. there can be no ..... contract of guarantee, unless there is a principal debtor. a promise to be primarily and independently liable is not a guarantee but can only be an indemnity. this is .....

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Jun 22 1985 (HC)

Madineni Kondaiah and ors. Etc. Vs. Yaseen Fatima and ors.

Court : Andhra Pradesh

Decided on : Jun-22-1985

Reported in : 1(1986)ACC501

..... different high courts. it is enough if we state that the basic rationale of this view is that the insurance policy is founded on personal contract of indemnity and on the transfer of the vehicle the policy comes to an end as the transferor loses his insurable interest. most of these cases followed ..... parties for whose benefit the compulsory insurance has to be made to the vehicle.39. it is true that a contract of insurance is a contrary of indemnity but it is not necessarily a contract of indemnity. vide dalby v. india and london life (1854) 15 cb 365.40. a perusal of section 94 clearly ..... the proviso in the said condition and clause 3 in section ii may also be noticed:in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor vehicle on the insured's ..... can claim the benefit of insurance. thus this provision puts beyond doubt removing these two objections and making an exception to the general law of contract. now the question is whether such rights secured to the third party by insuring the vehicle can be defeated by transferring the vehicle during the ..... 263 ; they cannot contend it was the negligence on the part of the transferee, therefore, the insurer company is not liable. they cannot contend their contract is with the transferor, therefore, are not responsible to redeem the compensation payable by the transferee. they cannot raise any of the defences, for such defences .....

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Jan 19 1985 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Mowli Bal

Court : Andhra Pradesh

Decided on : Jan-19-1985

Reported in : [1986]60CompCas372(AP)

..... in an accident. 6. in the first instance, we have to see what is the intention of the parties when they entered into the contract of indemnity. words are but servants to convey and express meanings but cannot always be servants of precision and may sometimes be given a dominance which is ..... be the value of the thing insured at the time of the loss, but if there has only been a partial loss, the correct measure of indemnity is the difference between the value of the damaged property before and after the loss.' 12. at page 727, in paragraphs 1766, the learned authors ..... needless to undertake a survey thereof, but suffice it to state that in the matter of assessment of damages, there is no distinctive between tort and contract. (vide mayne and mc gregor on damages, 12th edition, chapter xiii, page 425). the learned authors stated that the leading formulation of the general ..... , the question is, what is the damage to which the respondent is entitled to insurance is a contract upon speculation where special facts upon which the contingent chance is to be computed to secure indemnity. surprisingly so far, there is no decided case of any court in india as to the method ..... above their status. if language is the dress of thought, it is the thought that must be understood from the language couched. therefore, let us first go to the contract .....

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Jan 19 1985 (HC)

United India Fire and General Insurance Co. Ltd. and ors. Vs. Mowli Ba ...

Court : Andhra Pradesh

Decided on : Jan-19-1985

Reported in : I(1986)ACC433

..... involved in an accident.6. in the first instance, we have to see what is the intention of the parties hen they entered into the contract of indemnity. words are but servants to convey and express meaning but cannot always be servants of precision and may sometimes be given a dominance which is above ..... will be the value of thing insured at the time of the loss, but if there has only been a partial loss, the correct measure of indemnity is the difference between the value of the damaged property before and after the loss.'at page 727 in para 1766, the learned authors further stated ..... 23 the appellant is liable to effect repairs and in case of breach thereof the respondent is entitled to indemnification not exceeding rs.40,000/- as contracted for. the total amount required for the replacement of parts is rs.22,697-60 and the amount required for effecting repairs is rs.34,025 ..... , the question is, what is the damage to which the respondent is entitled to? insurance is a contract upon speculation where special facts upon which the contingent chance is to be computed to secure indemnity. surprisingly so far, there is no decided case of any court in india as to the method of ..... their status. if language is the dress of thought, it is the thought that must be understood from he language couched. therefore, let us first go to the contract .....

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Nov 29 1985 (HC)

Gautam Transport Vs. Jiluben Huseinbhai and ors.

Court : Gujarat

Decided on : Nov-29-1985

Reported in : [1990]68CompCas33(Guj)

..... sizeable amount. such could never be the intention of the provision in the workmen's compensation act or the motor vehicles act,so far as the insurance policy,viz., the contract of indemnity is concerned. under the circumstances we do not find any substance in the present appeal which requires to be dismissed at the admission stage. though it is not relevant ..... workmen's compensation act and the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulated that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence, he incurs an additional responsibility for ..... to hold that for determining the conditions of the policy, section 95 of the motor vehicles act can be looked into, then also the clear fact that the contract of insurance is a contract of indemnity cannot be lost sight of. 5. the insurance company while issuing an insurance policy only assures that it shall indemnify the assured for all liability which might .....

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Nov 29 1985 (HC)

Gautam Transport Vs. HuseIn Ahmeda Through L. Rs. Jiluben Huseinbhai a ...

Court : Gujarat

Decided on : Nov-29-1985

Reported in : II(1989)ACC110

..... a sizable amount. such could never be the intentions of the provision in w.c. act of the motor vehicles act, so far as the insurance policy viz. the contract of indemnity is concerned. under the circumstances, we do not find any substance in the present appeal which requires to be dismissed at the admission stage: though it is not relevant, it ..... workmen's compensation act and the insurance company cannot be saddled with the responsibility of indemnifying the assured if the assured acts in clear violation of a statutory requirement. the contract of indemnity also necessarily postulates that the person indemnified has to act in a way in which the damages are mitigated. if by his negligence be incurs an additional responsibility for ..... to hold that for determining the conditions of the policy section 95 of the motor vehicles act can be looked into, then also the clear fact that the contract of insurance is a contract of indemnity cannot be lost sight of. the insurance company while issuing an insurance policy only assures that it shall indemnify the assured for all liability, which might be .....

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Jan 31 1985 (HC)

Shantilal Mohanlal and anr. Vs. Aher Bawanji Malde and ors.

Court : Gujarat

Decided on : Jan-31-1985

Reported in : AIR1985Guj164; [1985]58CompCas717(Guj); (1985)1GLR465

..... any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place.' the contract of insurance is a contract of personal indemnity and, therefore, the insured cannot transfer -the benefits under a policy so long as such benefits are contingent. in short an insurance policy cannot be transferred by ..... has no longer any insurable interest to which the policy in his favour can relate and continue to have force. the basis of the contract of insurance is affected but also the specified car to which the indemnity relates, as will be clear from the details required of the car which are set out in the schedule to the policy. it is ..... of its use that the insurer undertakes to compensate against. where such a contract provides for indemnity to the assured against third party risks, the third party, who is a stranger to the contract, cannot enforce it himself against the insurer. neither the general principles of law relating to contracts nor the common law give a third party a cause of action against the ..... the insured without the consent of the insurer. it also pointed out that on the insurer agreeing to such a transfer there is a novation of the contract by which .....

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