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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1987 Page 1 of about 553 results (0.131 seconds)

Sep 04 1987 (HC)

M. Akkawa Vs. New India Assurance Co and ors.

Court : Karnataka

Decided on : Sep-04-1987

Reported in : [1988]63CompCas319(Kar)

..... insurance which stipulates to pay compensation for the death of the insured person himself cannot be said to be a contract of indemnity. 22. it the owner of the vehicle, who has the benefit of indemnity is himself not covered by the policy, his representative-unless he be an employee covered by the first proviso ..... undertake the liability to pay compensation in respect of the death of the insured person himself in an accident involving the vehicle insured. 21. basically, a contract of motor insurance seeks to indemnify the owner of the vehicle against liability arising out of claims of third parties and arising against the insured owner our ..... ) except where e the vehicle is a vehicle in which passengers are carried for hire or reward of by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or body injury to persons being carried in or upon or entering or mounting or ..... are third parties has its own limitation. even so, a representative or agent-as distinct form a servant-of the owner who is a party to the contract cannot be a third party. in pushpabai v. ranji ginning and pressing co. ltd., air 1977 ac 1735, the supreme court said (at page 1746): ..... clearly answerable foe the claim if only it is possible to hold the victim of the accident to be a third-party vis-a-vis the contract of insurance between the owner and the insurers. the tribunal has recorded a finding that the deceased was at bests gratuitous passenger in a goods vehicle .....

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May 27 1987 (HC)

Labh Singh Vs. Sunehri Devi and ors.

Court : Punjab and Haryana

Decided on : May-27-1987

Reported in : II(1987)ACC282; AIR1988P& H149; [1989]65CompCas273(P& H)

..... of any express stipulation to the contrary in the policy the moment the insured parts with the car, the policy relating to it lapses. the insurance policy being a contract of personal indemnity, the insurer cannot be compelled to accept responsibility in respect of third party who may be quite unknown to them.'8. it was thus held that the position of ..... if the original policy-holder continues to be shown as the registered owner of the vehicle concerned. the rationale behind this being that a policy of insurance is a contract of personal indemnity and the insurance cannot, therefore, be compelled to accept responsibility in respect of a third party, who may be quite unknown to him. mr. l.m. suri, counsel for ..... high court of madhya pradesh in balwant singh v. jhannubai, 1980 acc cj 126, where it was held, 'it is also well settled law that a contract of insurance is nothing but a contract of indemnity. the policy is with reference to a specified vehicle owned by the policy-holder and consequently the policy remains effective while the policy holder retains an interest ..... than what is set out in sub-sec.(2); that it cannot raise the defence that the policy has lapsed because of sale of vehicle; it cannot contend that its contract is with the transferor and, therefore, it is not liable to redeem the compensation payable by the transferee, as such defences are not contemplated under s. 96(2) of the .....

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Sep 04 1987 (HC)

M. Akkavva Vs. New India Assurance Co. and ors.

Court : Karnataka

Decided on : Sep-04-1987

Reported in : II(1988)ACC452; AIR1988Kant238; ILR1988KAR938; 1988(1)KarLJ120

..... 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 representative, unless he be an employee covered by the first proviso to s. ..... to undertake the liability to pay compensation in respect of the death of the insured person himself in an accident involving the vehicle insured.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 ..... '(ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting ..... enunciated in renukkappa's case to the facts of this case. as a matter of fact, the petitioner has not stated anything about the so-called contract of employment between her son and her husband and it is only in the course of the cross examination she has come out with a new ..... be clearly answerable for the claim if only it is possible to hold the victim of the accident to be a third-party vis-a-vis the contract of insurance between the owner and the insurer. the tribunal has recorded a finding that the deceased was at best a gratuitous passenger in a goods .....

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Apr 08 1987 (HC)

New India Assurance Company Ltd. Vs. Smt. Sheela Rani and ors.

Court : Rajasthan

Decided on : Apr-08-1987

Reported in : 1989(2)WLN256

..... without notifying the insurer in the prescribed from under section 103-a of the act the insurance being contract of indemnity when the insurer is no longer owner of the vehicle, the contract fails and lapses. such a contention is open to the insurer in a claim against the insurance company ..... the name of insured owner who has transferred the vehicle prior to the date of accident on the ground that its contractual liability to indemnity the transferee of the vehicle as he was left with no insurable interests from the date of the transfer effected in his favour an ..... the accident happened due to the negligence on the part of the transferee and the insurance company was not liable; it cannot contend that its contract is with transferor and it is not responsible to redeem the compensation payable, by the transferee; because such defences are not contemplated under section ..... the case of new asiatic insurance company and held that the insurance company was not liable to indemnify the transferee as there was no subsisting contract between the insurance company and the transferee.8. learned counsel shri g.c. mathur appearing for the claimants-respondents, on the other hand, ..... vehicle covered by the insurance policy before the date of accident without intimation to the insurer. it was held that there being no subsisting contract between the insurance company and the transferee the insurance company was not liable to indemnify the transferee and therefore, the claimants were not entitled .....

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Jul 24 1987 (HC)

M. Swaminathan Vs. C.K. Jayalakshmi Amma and ors.

Court : Kerala

Decided on : Jul-24-1987

Reported in : II(1987)ACC299; [1989]66CompCas503(Ker)

..... [1985] 58 comp cas 40 (ker); [1982] klt 700. vadakkal j., speaking for the bench, held at p. 42.' the contract of insurance is a contract of personal indemnity and therefore the insured cannot transfer the benefit under a policy so long as such benefits are contingent. in short, an insurance policy cannot ..... court in b. p. venkatappa v. b. n. lakshmiah, air 1973 mys 350, held as follows (headnote):' an insurance policy is a personal contract between the parties for indemnifying the insured in case of an accident covered under the policy. thus, where the motor vehicle is transferred by an insured ..... insurance, whether that be a life or property or a liability to which he might be exposed. the absence of the required relationship will render the contract illegal, void or simply unenforceable, depending on the type of insurance ', (see page 24 chapter 3--' modern insurance law ' by john birds).12 ..... that the registered owner was one clement, the husband of the 8th respondent in mfa no. 415 of 1982 and the company had no contract with the appellant, and therefore there cannot be any liability arising out of the insurance policy. the appellant has contended that he has executed ..... be transferred by the insured without the consent of the insurer. on the insurer agreeing to such transfer, there is a novation of the contract .....

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Nov 19 1987 (SC)

U.P. Cooperative Federation Ltd. Vs. Singh Consultants and Engineers ( ...

Court : Supreme Court of India

Decided on : Nov-19-1987

Reported in : 1987(2)ARBLR279(SC); (1988)1CompLJ39(SC); JT1987(4)SC406; 1987(2)SCALE1149; (1988)1SCC174; [1988]1SCR1124

..... the united commercial bank case said:we do not see why the same principles should not apply to a banker's letter of indemnity.53. it is true that both the decisions of this court dealt with a contract to sell specific commodities or a transaction of sale of goods with an irrevocable letter of credit. but in modern commercial transactions, ..... case, to restrain the appellant from making a recall of the amount of rs. 85,84,456 from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain the performance of the contractual obligations arising out of a letter of credit or a bank guarantee between ..... irrevocable letter of credit, restraining the issuing bank from recalling the amount paid under reserve from the negotiating bank, acting on behalf of the beneficiary against a document of guarantee, indemnity at the instance of the beneficiary.37. on the basis of these principles i reiterate that commitments of banks must be honoured free from interference by the courts. otherwise, trust ..... the revision petition and held that the invocation of the performance guarantees were illegal and further held the contentions of the appellant that the performance guarantees constituted independent and separate contracts between the guarantor bank and the beneficiary and created independent rights, liabilities and obligations under the guarantee bonds themselves, as being 'technical pleas.'7. on 17th may, 1983, as .....

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Aug 25 1987 (HC)

V.S. Ramani Vs. S.R. Vasudevan and anr.

Court : Chennai

Decided on : Aug-25-1987

Reported in : (1988)1MLJ264

..... of the act would by virtue of his violation relieve the insurance company of its liability to indemnity. the penalties prescribed for violation of rules cannot exonerate the insurance company of its liability under contract. in the instant case before us, the contention of the appellant is that there should be ..... is not having sufficient experience. hence, the company is right in excluding a person whose learner's licence had expired from the scope of indemnity.42. it is relevant in this connection to note the evidence relating to the point of rashness and negligence on the part of the ..... with provisions of the five day cancellation clause of the standard fire insurance policy. all statutes and common law rules applicable to the particular contract automatically become part of it by force of law, and any provisions in conflict with such statutes or rules will be declared inoperative.37. ..... thereunder. for example, the insured, though suing on the binder or binding receipt, or preliminary oral contract, must observe the provisions of the policy relating to proofs of loss and limitations of time for bringing action. in a like manner the terms ..... form of policy is to follow. hence, the stipulations and conditions of the policy are binding upon the insured from the moment of closing the contract, although the policy may not be received until after the loss, and although, through ignorance of its conditions, he may have forfeited his rights .....

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Sep 28 1987 (HC)

Thayappa Vs. Aswathanarayanappa

Court : Karnataka

Decided on : Sep-28-1987

Reported in : ILR1987KAR3710

chandrakantaraj urs, j.1. the appellant thayappa who was defendant no. 1 in the trial court is aggrieved by the judgment and decree passed in o.s. 6 of 1976 on the file of the then civil judge, bangalore district, bangalore, the judgment and decree is dated 9-12 1977.* r.f.a. no. 191 of 1978 dated 28th september 198(sic)2. the suit was filed by the plaintiff-aswathanarayanappa and his cousins smt. ankamma and smt. nagamma who were the daughters of his pre-deceased uncle, the brother of his father the suit was for partition and possession of the suit schedule properties which he claimed were joint-family properties of the joint family. they alleged that one koogur munishamappa was the propositus and he had two sons koogur venkatappa and koogur nagappa. kugoor munishamappa, the propositus, died long ago. kugoor venkatarpa died some five years before the filing of the suit. the other son of koogur munishamappa, that is, koogur nagappa also died long prior to the filing of the suit. koogur venkatappa, the first son, was married to sunkamma who died some three years before the presentation of the suit leaving behind her daughters ankamma and nagamma, plaintiff nos.2 and 3.3. the other branch of the family headed by koogur nagappa consisted of papamma who died some 7 years before the filing of the suit leaving behind her sons, thayappa, defendant no 1 and aswathanarayanappa, plaintiff no. 1. the relationship is not disputed.4. in the suit claim for partition by metes and bounds and .....

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Jan 05 1987 (HC)

The Oriental Fire and General Insurance Company Vs. Smt. Nani Bala Dev ...

Court : Guwahati

Decided on : Jan-05-1987

..... to him in the relation of a contractor from whom the workman could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall, in default of agreement be settled by the commissioner.(3) -- (4) **** **** **** section 13. remedies of employer against stranger -- where a workman ..... creating a legal liability of some person other than the person by whom the compensation was paid and any person who has been called to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. section 14. insolvency of employer -- (1 ..... , and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;*** *** *** section 3. employer's liability for compensation. (1) if ..... course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter :**** **** section 12. contracting -- (1) where any person (hereinafter referred to as the principal) in the course of or for the purpose of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the .....

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Jan 05 1987 (HC)

The Oriental Fire and General Insurance Company Vs. Nani Bala Devi and ...

Court : Guwahati

Decided on : Jan-05-1987

..... circumstances creating a legal liability of some person other than the person by whom the compensation was paid and any person who has been called to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. section. 14. insolvency of employer--(1) where ..... any employer has entered into a contract with any insurers in respect of any liability under this act to any workman, then in the event of the employer becoming insolvent or making a composition or ..... and, when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means such other persons while the workman is working for him; xx xx xx xx secttion. 3. employer's liability for compensation--(1 ..... of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter: xx xx xx xxsection. 12. contracting--(1) where any person (hereinafter referred to as the principal) in the course of or for the purpose of his trade or business ..... contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole .....

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