Court : Madhya Pradesh
Decided on : Sep-21-1999
Reported in : 2000ACJ719; AIR2000MP121; 2000(1)MPHT331
..... liable directly or vicariously to pay the damages is a question governed by the law of torts. 17. it is no longer open to doubt that the contract of insurance is a personal contract of indemnity. however, the provisions contained in section 149 of the motor vehicles act, 1988, indicate as has already been observed hereinabove that the liability of the insurer arises ..... be held liable where the insured himself stands exonerated of any such liability. 22. the insurance policy in the present case which had been issued by the insurer was a contract of indemnity satisfying the conditions laid down under section 147 of the aforesaid act. 23. the liability of the insurer, it must be emphasised depends upon the liability of the insured ..... to defend the action on specified, though limited grounds. 33. it should not be lost sight of that it is no longer open to doubt that the contract of insurance is a personal contract of indemnity and it is in this view of the matter, that the statutory liability is cast upon the insured may be enforced as against the insurer. though the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-19-1999
Reported in : 2000ACJ134; 1999(2)MPLJ231
..... 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 representatives, unless he be an employee covered by the first proviso to section 95(1)(b), is in no better ..... question arose whether the son of the owner of vehicle is to be compensated. their lordships answered in negative that the owner of the vehicle who has the benefit of indemnity is himself not covered and his representative is in no better position unless he be an employee covered by the first proviso to section 95(1)(b). the idea behind ..... that owner i.e. father. in that case, the son of owner of goods vehicle was accompanying the goods and not as an employee. it was observed that '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 the use of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-1999
Reported in : (2000)102BOMLR206
..... action and unless the cause of action has arisen, limitation cannot begin to run. in shankar nimbaji shintre v. laxman supdu shelke : air1940bom161 it was held that in a contract of indemnity, cause of action for claiming against the promisor accrues to the promisee when the latter is actually damnified. a similar view was taken by this court in a subsequent decision ..... upon the decision in lala shanti swamp v. munshi singh : 2scr312 . the apex court, while dealing with a case of contract of indemnity, observed that 'under article 83 of the limitation act (old), a suit based on the contract of indemnity is required to be brought within three years from the time when the plaintiff was actually damnified.'11. the last authority relied ..... the date when the seller paid the amount and not on the date when he was ordered to pay the sales tax. it is, however, material to note that the indemnity letter in favour of the seller stated :.... in respect of the transaction under your invoice...dated 25.9.1957, we do hereby indemnify you against any amount of sales tax .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-28-1999
Reported in : II(2000)ACC238; 2002ACJ1224; 2000(1)MPLJ415
..... harcharan singh v. turza bai 1995 acj 423 (mp), this court had an occasion to consider the contention advanced on behalf of the insurance company 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 ..... the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.(emphasis supplied)10. ordinarily, a contract of insurance is a personal contract of indemnity against third party risk in relation to the use of the motor vehicle by a particular person which comes to an end and the policy lapses upon ..... no intimation regarding the transfer of the truck or for the transfer of the policy was given by the transferee appellant to the insurance company and that there was no contract between the appellant and the insurance company for indemnifying him for any injury to a third party. it was in that situation that it was held that the transferee had .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-09-1999
Reported in : 2000ACJ275; AIR2000MP63; 2000(2)MPHT278
..... joint appeals by the insurer and the insured, it was held that under the scheme of the provisions contained in the act, the policy of the insurance is a contract of indemnity and the insurer is not a necessary party to the claim case. it has a right to be impleaded as a party only on being noticed by the tribunal and ..... . v. pratibha rathi, 1995 ace cj 819 : (1995 all 1c 3377) (para 7of aihc) :-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 can raise all defences which ..... 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 (33) and under subsection (4) recover it from the assured. it was said ..... , being one of the following conditions, namely :- (1) a condition excluding the use of the vehicle - (a) for hire or reward, where the vehicle is on 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) for a purpose not allowed .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-17-1999
..... is used and understood by the persons concerned. the english courts have also taken the view that man slaughter arising from negligent driving on the road is covered by the contract of indemnity in respect of accidental injury; (ref:- (1921) 3 kb 327 and (1927) 2 kb 311, - referred and relied in marles v. philip trant and sons ltd. 1954-1 qb ..... the meaning of which may vary according as the context varies. in criminal jurisprudence crime and accident are sharply divided by the presence or absence of mens rea. but in contracts such as those of marine insurance and of carriage by sea this is not so. in such cases the maxim 'in jure non remota cause sed proxima spectatur' is applied .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-05-1999
Reported in : 2000(1)ALD189; 1999(6)ALT231; 103CompCas58(AP)
..... the argument it has been sought to establish a distinction between a fire policy and a marine policy. it has been urged that a fire policy is not quite a contract of indemnity and that the assured can get something more than what he has lost. it seems to me that there is no justification in authority, and i can see no .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-11-1999
Reported in : 1999(2)ALLMR608; 1999(3)BomCR45; 1999(2)MhLj821
..... one more serious aspect to this case and that is as rightly argued by the counsel for the defendant, there is no consideration to the agreement i.e indemnity bond. as per the contract act, consideration is an indispensable part of any legally enforceablecontract. it is an admitted fact that payment of rs. 3,00,000/- under the insurance policy by the ..... wasaltogether a different agreement and since the defendant had not taken any steps under the provisions of the specific relief act for recession of contract or recession or cancellation of the document, the defendant was bound under the indemnity bond.7. on the other hand it was contended by the counsel for the defendant that because of the illness of the defendant ..... the plaintiff had no legal authority to convert their legal liability as consideration for further fresh agreement i.e. indemnity bond.18. counsel for the plaintiff relied upon certain provisions of the contract act in support of his contention regarding free consent to the contract, agreement and has also relied upon certain letters written by the defendant. all of them become irrelevant for ..... , for which they had no legal or statutory or contractual authority and therefore the objection of the defendant that the indemnity bond is an agreement without consideration has got to be accepted. in order that agreement becomes legally enforceable under the contract act there has to be a consideration. counsel for the plaintiff, in support of his contention and in repelling the .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Mar-12-1999
Reported in : AIR2000J& K7
..... the payment or discharge of insurance policies also. what is applicable in these cases is the principle of subrogation. subrogation is a normal incident of indemnity insurance, and, where the insurance contract is regarded as one of indemnity, the company on payment of the loss is subrogated to all of the rights of insured against the person whose fault or negligence caused the ..... reference to the arbitration.'9. the above principle would apply to the acts of this case also. the complainant having received the amount in full and final satisfaction under the contract of insurance, cannot raised a further demand and initiate proceeding by filing a complaint under the consumer protection act. 10. some other contentions have also been raised by the insurance .....Tag this Judgment!
Court : Chennai
Decided on : Oct-07-1999
Reported in : 243ITR459(Mad)
..... the assessee and the manufacturer does not anywhere refer to any specific patent owned by the supplier which the buyer is permitted to exploit. all that the contract provides is an indemnity to the buyer, to protect the buyer against any action by a third party claiming patent, trade mark or other rights in the equipment supplied.14. none of the ..... engineering carried out by the supplier of the machinery abroad. there is no transfer or licence of any patent, invention, model or design. the design referred to in the contract is only the design of the equipment required to be manufactured by the supplier abroad and supplied to the purchaser. the information concerning the working of the machine is only ..... therequirement of a buyer does not by itself amount to transfer of any rightof exclusive user, so as to render the payment made therefor beingregarded as 'royalty'. 11. in a contract for the design, manufacture, supply, erection and commissioning of machinery which does not involve licence of the patent concerning the machinery, or copyright, of its design, mere supply of ..... utilising his own personnel and providing a special engineer for the guarantee period. the design and engineering of indian suppliers including inspection during their manufacture are also covered. 1.3 contract--ii with vinay covers broadly the manufacture and supply of equipment and components of indian origin, erection, testing and commissioning of the complete equipment under direction, control and supervision .....Tag this Judgment!