Court : Punjab and Haryana
Decided on : Aug-11-2000
Reported in : I(2001)ACC681; 2001ACJ998; (2000)126PLR826
..... 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 the policy, his representatives unless he be an employee covered' by the first proviso to section 95(1)(b), is in no ..... . question arose whether the owner of the vehicle is to be compensated. their lordships of the karnataka high court held that 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 of section 95(1)(b) of the act ..... .e. his father. in that case, the son of the owner of the goods vehicle was accompanying the goods and not as an employee. it was observed that basically, a contract of motor insurance seeks to idemnify the owner of the vehicle against liability arising out of claims of third parties arising against the insured owner out of the use of ..... claimants. united india insurance company limited would have been liable to reimburse if some body else had died while travelling by this canter in accident. it is submitted that the contract of insurance entered into between harjinder singh and the insurer (united india insurance company limited) is that the insurer will compensate the third party if it suffers injury or death .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-01-2000
Reported in : AIR2000SC855; 2000(4)ALLMR(SC)579; 2000(1)ALT26(SC); 2000(2)BLJR991; (2001)1CALLT9(SC); 100CompCas591(SC); 2000(1)CTC556; JT2000(1)SC508; (2000)IIMLJ95(SC); 2000(3)MP
..... party negligence. such a right of the insurer is, of course, conditional upon his having already indemnified the assured. in other words, arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. this right of the insurer to subrogation ..... of the bargain. it is implied in the very nature of the contract of indemnity that the indemnifier is entitled to re-coupe or minimise the damages he is obliged to pay the assured, by ways and means the assured himself could resort to, in ..... in force.11. in the case of vasudeva mudaliar : air1965mad159 (ibid) a learned single judge of the madras high court said:(4) a contract of motor insurance, like marine or accident insurance, is, in essence, one of indemnity. the underwriter, for consideration, guarantees the assured compensation against loss or risks, the limits of the guarantee against accident or loss or damage suffered ..... , totally or partially, being subject to the maximum stipulated in the contract of insurance. conversely, the rights of the assured are not to profit out .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-04-2000
Reported in : (2001)1CALLT218(HC)
..... insurance unless the premium is paid in advance, such a condition can even be waived. except in certain cases as for example contract of life insurance, personal accident or sickness insurance, the principle of indemnity applies to a contract of insurance in which case the insurer's liability would be limited to actual loss. 16. reference in this connection may be ..... pecuniary loss to the assured only then he becomes entitled to be indemnified subject to the limitations contained in the contract. 18. it is trite that the question as to whether a contract of insurance would be a contract of indemnity will depend upon construction of a particular contract subject to the consideration that in the absence of the clear words showing that the ..... contract was intended, the court will construe the contract as one of indemnity. 19. in new india assurance co. ltd. v. rula and ors ..... . reported in : 2scr148 , the apex court has held :-- 'now, a contract of insurance, like any other contract, is concluded by offer and acceptance. normally, a liability under .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-16-2000
Reported in : 2000(3)ALD199; 2000(2)ALT743
..... basis, but on the ground of assignment by the assured of his rights to the insurer'. a contract of motor insurance, is, one of the indemnity. it is implied in the very nature of the contract of indemnity that the indemnifier is entitled to recoup or minimise the damages, fn other words, arising out of ..... the nature of a contract of indemnity, the insurer, when he has indemnified the assured, he is subrogated to his rights and remedies against third parties, who have ..... the letter of subrogation and power of attorney in favour of the national insurance company limited. rut according to the district registrar the benefit of contract was assigned under the document and hence it should be treated as a conveyance deed. at ihis stage it is proper to refer to the definition ..... of the goods insured with the insurance company. though the district registrar opined that the document in question was an assignment of the benefit of a contract to be treated as a conveyance and also power of attorney, bur according to the chief controlling revenue authority, there is no conveyance of any ..... and interest in and to the said goods and proceeds thereof......' 'we hereby guarantee that we are the persons entitled to enforce the terms of the contract of transportation......' 'we hereby subrogate to you the rights and powers that we have in consequence or arising from loss/damage to the undermentioned goods......' ' .....Tag this Judgment!
Court : Chennai
Decided on : Jun-06-2000
Reported in : 2002ACJ1035
..... can claim compensation from the insurer?6. to appreciate the point involved in the instant case, it would be useful to recall the salient features of a contract of indemnity. a contract of indemnity is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... the words 'incurred by him'. the word 'him' refers to the insured. therefore, the insurer is liable to indemnify the liability of the owner. any contract of indemnity would last till the lifetime of either of the contracting parties. with the death of the owner, the policy comes to an end and, therefore, the insurance company is not liable to compensate for the ..... a third party and, therefore, the insurance company is liable. the tribunal has forgotten for a moment that the liability of the insurance company came to a close under the contract entered into between the deceased and the insurance company and, therefore, the deceased cannot be treated as a third party, for his heirs to claim compensation.11. in the result ..... , if negligence of the driver results in causing injury to a third person, then the master is liable for damages to the third person who has sustained loss. by a contract of insurance, a policy is issued to the owner under which the insurance company undertakes to indemnify the owner for the amount of loss or damage he suffered as a .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-26-2000
Reported in : I(2001)ACC411,2001ACJ1169,AIR2000Cal276,(2000)3CALLT271(HC),2000(2)CHN416
..... the liability of an insurer on the basis of a valid insurance policy covering the vehicle in question at the relevant point of time, is a matter relating to the contract of indemnity between the insurer and the insured. as the liability to pay compensation to a third party, as held hereinbefore, is joint and serveral amongst the insurer and the insured ..... the liability of the insurer if the vehicle is validly assured or apportion the liability between the insured. the insurer is liable to pay compensation on the basis of the contract of indemnity only when the insured is liable to pay the damages to the claimant. therefore, the liability between the insurer and the insured is governed by the ..... contract of indemnity between them and to the extent to which the vehicle is assured.10. thus, upon reading of the provisions of section 96, section 110aand section 110b of the aforesaid act, ..... , being one of the following conditions, namely :- (i) 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 : Patna
Decided on : May-10-2000
s. dhavan, c.j. and aftab alam, j. 1. in these letters patent appeals all controversies raised by the insurance company for the purposes of impugning the judgment on the miscellaneous appeal no. 457 of 1998; oriental insurance co. ltd. v. archana rajan and miscellaneous appeal no. 458 of 1998; oriental insurance co. ltd. v. anita devi stand answered by the recent judgment of the apex court in rita devi v. new india assurance co. ltd., 2000 acj 801 (sc). the contention in the present appeal is that the fact that a cold blooded murder may have taken place inside the vehicle which has been insured with the company does not cast any obligation on the insurance company under a contract of indemnity. the impugned order is dated 17.5.1999. 2. the apex court in its recent judgment has held that the insurance company is liable to pay compensation to the heirs of a person murdered with intent of causing violence upon the occupants, as this is an accident. in the circumstances the court cannot accept the narrow interpretation put forward that the liability of the insurance company is limited and does not entail a situation like an incident in the present case. clearly, the scope of indemnity clause stands enlarged after the judgment of the apex court. in the circumstances, there is no merit in these appeals. these are accordingly dismissed.Tag this Judgment!
Court : Gujarat
Decided on : Aug-22-2000
Reported in : (2001)1GLR867
..... holding that exh. 69 a deed of guarantee is not a continuing guarantee. chapter viii of the contract act, 1872, (hereinafter referred to as 'the act') makes provision in relation to contract of indemnity and guarantee from sees. 124 to 147 of the act. section 126 of the act provides as ..... the hon'ble supreme court in para 12 at page 108 has observed as follows :- 'thus, far from repudiating her liability and breaking the contract of continuing guarantee, the defendant accepted her obligation under the guarantee bond in respect of the overdraft account which continued to be live at least ..... bank of india & anr,, reported in 1981 glr 846 the court was not concerned with continuing guarantee but an 'ordinary guarantee'. section 129 of the contract act provides that a guarantee which extends to a series of transaction is called 'continuing guarantee'. in the case of margaret lalita v. indo. commercial ..... in air 1926 bom. 244 and, also, after referring to other judgments of various courts in page 856 held as under :- 'in a contract of guarantee, the surety accepts his liability taking into consideration all the relevant facts as they exist at the time when the suretygives his guarantee. ..... to what is the contract of guarantee. it prescribes that a 'contract of guarantee' is a contract to perform the promise or discharge the liability of .....Tag this Judgment!
Court : Delhi
Decided on : Aug-08-2000
Reported in : 2000(56)DRJ490
..... ' is not a party in these proceedings. there is accordingly, substance in the argument of learned counsel for the applicant that a contract of insurance is only a contract of indemnity between the insured and the insurer. the plaintiff is not the insured, and the insured party is not before the court in these ..... thereforee, i fail to see any justification for impleading the applicant as a party to the suit. its liability would result either from a direct contract between it and the plaintiff, or it may arise if the party who had taken insurance cover was found liable or it may even arise ..... has not been paid, no arguments were addressed on its behalf. 3. as mentioned above there is some controversy concerning as to whether the contract is fob or fas. the determination of this vexed question would arise in respect of the liability of defendant no.1. it requires clarification that ..... code of civil procedure filed by the united india insurance co. limited. it is contended in this application, inter alia, that there is no privity of contract between the plaintiff, defendant no.1, namely, m/s. teopfer international-asia pte. ltd. (hereinafter referred to as 'teopfer') and the applicant. the ..... facts are not in serious dispute. a contract had been entered into between the plaintiff and teopfer for the supply of a quantity of 508.213 metric tons of indian toasted soyabean extraction faq flakes- .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Mar-22-2000
Reported in : (2001)78ITD41(Mum.)
..... one is not the consideration for the other.... it is not a consideration for the damaged property". the nature of the insurance monies being compensation for the loss, under a contract of indemnity, it is difficult to view it as anything resembling "turnover". the word "total" preceding the word "turnover' does not take the case further is used only to denote the ..... or facilities for a price; he actually suffers a loss and there is no element of sale or quid pro quo involved. he gets the money by virtue of the contract of insurance. in vania silk mills (p.) ltd. v. cit  191 itr 647 at 652, the supreme court held, approving the judgment of the madras high court in c .....Tag this Judgment!