Court : Mumbai
Decided on : Jan-27-1994
Reported in : AIR1994Bom209; 1994(4)BomCR297; 1995(2)MhLj127
..... law in cases of insurance, where the insurance is a contract of indemnity only. upon paying the insured his loss, the underwriter or insurer is entitled to the benefit of ail remedies of the insured against persons ..... subrogation is a remedy rather than a right. some categories of subrogation are contractual in origin, but others are in no way based on contract and appear to defy classification except as an empirical remedy to prevent a particular kind of unjust enrichment.the doctrine of subrogation is applied at ..... policies.'the merine insurance act of 1963 which has codified the law relating to marine insurance defines 'marine insurance' in section 3as under:'a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against ..... has been defined in the insurance act of 1938 in clause (13a) of section 2 to mean:'marine insurance business' means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interest which may be legally insured, in or in relation to such vessels, ..... liable for the loss, whether in contract or in tort, and is entitled to sue in the name of the insured, but he may not sue .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-1994
Reported in : (1995)2MLJ255
..... bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suite; a(3) all sums which he may have paid under the terms of any compromise of any ..... from loss caused to him by the conduct of the promiser himself, or by the conduct of any other person, is called a 'contract of indemnity.section 125 of the indian contract act reads as follows:the promises in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor-(1) all damages which he may be compelled ..... to pay the same. this document, therefore, in our view, cannot be construed in any other fashion other than a guarantee. an indemnity would normally be at the inception of the contract as the liability is not contingent. secondly the indemnity is normally contemplated in matters where the promisee would be exposed to some litigation or expense or claim on account of the ..... move either from the creditor or from the principal debtor or both. but, if those are the only contracts, the case is one of indemnity. in order to constitute a contract of guarantee there must be a third contract by which the principal debtor expressly or impliedly requests the surety to act as surety. unless that element is present, it is impossible to work .....Tag this Judgment!
Court : Delhi
Decided on : Aug-22-1994
Reported in : I(1995)ACC463; 1995ACJ107; 1994IIIAD(Delhi)1312; 1994(31)DRJ45
..... grounds set out in clauses (a) and (b) it is necessary to bear in mind that a contract of insurance is practically a contract of indemnity. to effectuate the contract of indemnity, a decree has to be first obtained against the insured and thereupon the liability of the insurer to ..... court of law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this section.' (11) the learned counsel appearing for the company has cited number of cases to support the proposition that no ..... with the appellant. national insurance co. ltd. comprehensively and, as such, the amount is payable by the appellant who had undertaken to indemnity the insured, under the policy of the insurance. the appellant denied its liability, as referred to above, and contended that the insurance company ..... discharge the decree arises. a contract .of insurance is a contract by which the insurer promises to save. the insured ..... from the loss caused to him by the conduct of any other person. by virtue of section 125 of the indian contract .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-02-1994
Reported in : 1994ACJ997
..... insurer can plead that there was no negligence on the part of the insured, to show that the insured incurred no liability so that the insurer's liability under the contract of indemnity does not arise. the insurer is entitled to raise all such pleas in defence as the insured can take to show that he (the insured) has not incurred the ..... conduct in the name of the insured the defence or settlement of any claim or to prosecute in the name of the insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the insured shall give all such information ..... to defend the action in the name of the assured and this he has full liberty to do. secondly, if he has been made to pay something which on the contract of the policy he was not bound to pay, he can under the proviso to sub-section (3) and under sub-section (4) recover it from the assured. it was ..... defences which are available to the insured against a third party as the insurance company under the contract of insurance, i.e., the policy, had reserved the right in the policy of insurance under 'reservation clause' which reads thus:no admission, offer, promise, payment of indemnity shall be made or given by or on behalf of the insured without the written consent .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-17-1994
Reported in : 1995(0)MPLJ250
..... 2) prevents the insurer from raising any defence not permitted by clauses (a) to (c) therein.6. contract of insurance is in the nature of a contract of indemnity. to effectuate a contract of indemnity, a decree has to be first obtained against the insured and thereupon the liability of the insurer to discharge ..... 116 - all decisions of the full benches.]7. there can be only two ways of overcoming the restrictions imposed by section 96(2). the contract of insurance may stipulate that the insurer would be at liberty to raise defences on behalf of the insured. in such a case, the insurer ..... namely :(i) a condition excluding the use of the vehicle -(a) for hire or reward, where the vehicle is one the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organised racing and speed testing, or(c) ..... the decree arises. a contract of insurance is a contract by which the insurer promises to save the insured ..... from the loss caused to him by the conduct of any other person. under section 125 of the indian contract .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-21-1994
Reported in : 1995ACJ423; AIR1994MP99; 1994(0)MPLJ771
..... getting the registration, transferred, the liability of the insurance company, under the policy was discharged. the contention advanced on behalf of the insurance company is that the contract of insurance is a personal contract of indemnity and the same comes to an end and the insurance policy lapses as soon as the ownership of the vehicle, covered by the said policy of insurance ..... company had not sent any reply. on such facts, the division bench held that the company had impliedly assented to the transfer and, therefore, there was a novation of contract of indemnity and the transferee was in effect and in law, the person insured by the policy, even though his name was not substituted in place of the original owner.9. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-15-1994
Reported in : 1994(72)ELT797(SC); JT1994(4)SC528; 1994(3)SCALE292; 1994Supp(3)SCC40; 1994(2)LC493(SC)
..... buyers and the appellant claiming reimbursement from the indian suppliers for the loss sustained by it on account of such claim for damages on the basis of the indemnity clause contained in the contract between the indian suppliers and the appellant. we make it clear that the observations of the high court referred to above will not preclude the appellant from making ..... appellant to raise this question in the event of such a contingency arising in future.11. we, however, find that the question as to the applicability of the indemnity clause in the contract between the indian suppliers and the appellant to claims by the foreign buyers against the appellant was not specifically raised before the high court and the high court has ..... . the learned additional solicitor general, in support of the appeals, has raised the said question and has urged that in spite of the frustration of the contract between the appellant and the foreign buyers the indemnity clause between the indian suppliers and the appellant remain operative and in the event of the appellant being held liable for damages in a claim by ..... the local suppliers with the appellant in accordance with the scheme canalisation of export of silver, there is following provision relating to indemnity:any cess, duty, rate to tax, whatsoever, payable in respect of any transaction covered by this contract shall be borne by the supplier. the supplier hereby indemnifies the stc and shall always keep it indemnified against all claims, including .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Apr-11-1994
Reported in : 1994ACJ878,AIR1995HP1
..... interest to which the policy in his favour can relate and continue to have force affecting thereby the basis of contract of insurance as also the specified vehicle to which the indemnity relates, as is clear from the details required to be set out in the policy. it is with reference ..... the insured parts with his vehicle, the policy relating to it lapses, inasmuch as the vehicle is the subject-matter of the very foundation of contract of insurance. neither section 96(1) nor section 96(2) of the act results in a policy of motor insurance being continued to operate and ..... gujarat 164) (fb) (shantilal mohanlal v. aher bawanji malde), it has been held that after the sale of the vehicle, there is no subsisting contract between the insurance company and the transferee, therefore, the insurance company is not liable to indemnify the transferee and the claimants are not entitled to recover any ..... 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 against the insurer. neither the general principles of law relating to contracts, nor the common law gives third party a ..... to those details and the history of vehicle and its owner, including claims or no claims in the past that premium payable on the insurance is determined and the contract is .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-1994
Reported in : (1995)126CTR(Bom)14; 212ITR68(Bom)
..... by virtue of the contract of insurance or of indemnity, and in terms of the conditions of the contract. even the fact that while paying for the total loss or damage to the property the insurance company took away such property or whatever ..... loss of the property, there was no transfer of it in favour of a third party. the money received under the insurance policy in such cases was by way of indemnity or compensation for the damage, loss or destruction of the property. it was not in consideration of the transfer of the property in favour of the insurance company, it was ..... was left of, would not change the nature of the insurance claim which was indemnity or compensation for the loss because the payment by the insurance company was not in .....Tag this Judgment!
Court : Kerala
Decided on : Nov-11-1994
Reported in : 214ITR166(Ker)
..... in favour df the insurance company. the payment was made by virtue of the contract of insurance or of indemnity and in terms of the conditions of the contract. there being thus no transfer of any property, section 45 was not attracted and the question of assessment of capital gains under the act ..... loss of the property, there was no transfer of it in favour of a third party. the money received under the insurance policy in such cases was by way of indemnity or compensation for the damage, loss or destruction of the property. it was not in consideration of the transfer of the property or the transfer of any right in it .....Tag this Judgment!