Court : Supreme Court of India
Decided on : Aug-01-2008
Reported in : 2008ACJ2616; AIR2008SC3205; 2008(4)AWC3206(SC); IV(2008)CPJ25(SC); 2009(1)MhLj38; (2008)6MLJ1046(SC); (2009)153PLR145; RLW2009(1)SC361; 2008(11)SCALE36; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664
..... . the owner of the vehicle as also the driver thereof were, thus, principally liable to pay compensation to the dependents of the deceased.14. a contract of insurance as is well known is a contract of indemnity. in a case of accident, the primary liability under law for payment of compensation is that of the driver. the owner of the vehicle also becomes ..... of the vehicle and therefore liable to pay the compensation?(ii) if so, what will be the just compensation?7. the high court, on perusal of the driving licence, the contract of insurance as also the testimonies of witnesses examined on behalf of the parties, held:8. we accordingly hold that the insurer having established that the driver was not `duly ..... costs of repairing of the maruti car, were also granted.(c) the driver of the truck did not possess a valid driving licence and, therefore, breach of policy of the contract of insurance was established as a result whereof the respondent no. 3 was not liable to reimburse the owner of the vehicle any such amount payable by him by way ..... vicariously liable therefor. in a case involving a third- party to the contract of insurance in terms of section 147 of the motor vehicles act, 1988 providing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-2008
Reported in : 146CompCas373(SC); JT2008(12)SC244; (2009)2MLJ458(SC); 2008(13)SCALE261; (2009)1SCC38; 2009(1)SCC138
..... increased recovery while the exporter contended that the guarantor was only entitled to what it had paid out as indemnified. the court of appeal recognized the contract as one of indemnity and treated it like a policy of insurance. before the court of appeal, the exporter contended that if there is recovery in a subrogated claim ..... . in the present case we are concerned with the policy of insurance dated 27.1.87. by its very nature it was a contract of indemnity. in the present case, the nature of the contract is not in issue. it was in issue in the case of l. lucas ltd. (supra). in the circumstances, we do ..... the policy in its entirety, we find that there is a dichotomy in it. the subject-policy in this civil appeal is a contract. by nature it is an indemnity. the contract is in two major parts. the first part which commences from clause 1 to clause 13 contemplates an ..... the fortuitous profits to be given to the guarantor then the nature of the contract of guarantee in that case would have ceased to be one of indemnity against a percentage of loss and in that event it would become a profit sharing contract. this observation has been made by viscount dilhorne at page 898 of the ..... indemnity against a percentage of a loss whereas the second part of the contract commencing from clause 14 to clause 16 contains provisions enabling recoupment of that loss.14. in this case the invoice value as on .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-10-2008
Reported in : (2009)1CALLT90(HC),147CompCas231(Cal)
..... first defendant promised to pay the plaintiff 'any amount which the ubi may call upon' the plaintiff to pay 'without any reference or recourse.'25. the contract of indemnity, in such circumstances, obliged the first defendant to take over the plaintiff's liability to ubi and, probably, apply to have himself impleaded in the ..... from the moment that the time to pay passed. in the second place, it is open to the vendor to bring a suit on the contract of indemnity if upon failure to discharge the encumbrance the vendor suffered a loss. the supreme court considered the matter to be covered by the second scenario and ..... then contended by mr. b.c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937 when the final mortgage decree was passed and not on february 25, 1943 when ..... the actual amount of his loss.' this is the solitary sentence from the judgment that the first defendant places.19. the supreme court considered a contract of indemnity in the light of a point of limitation in the shanti swarup case. paragraph 5 of the report needs to be noticed:(5) it was ..... v. naraini) and 37 mad. 270 (nallappa reddi v. vridhachala reddi), the equitable principle laid down by the english courts has been accepted and applied to contracts of indemnity in this country. in this connection i would also refer to the case in 56 cal. 262 (osman jamal and sons ltd. v. gopal purshottam). i .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-27-2008
Reported in : 2008(5)ALLMR757; (2008)110BOMLR2919
..... submitted that learned single judge erred in treating personal accidents insurance cover under endorsement imt 5 as a contract of indemnity. he submitted that neither personal accidents insurance cover nor life insurance policy is a contract of indemnity. mr. barve contended that endorsement imt 5 is a personal accidents insurance cover in respect of death ..... single judge has also wrongly interpreted clause 5. clause 5 reads thus:5. in the event of the death of any person entitled to indemnity under this policy the company will in respect of the liability incurred by such person indemnify his personal representatives in the terms of and subject to ..... with his permission provided that such driver(a) is not entitled to indemnity under any other policy(b) shall as though he were the insured observe fulfill and be subject to the terms, exceptions and conditions of this ..... 3 of section ii i.e. liability to third parties. it reads thus:3. 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 car on the insured' sorder or ..... . the supreme court observed that if the insurer proves the available satisfactory defences, or if he has been made to pay something which on the contract of policy he was not bound to pay, he can recover the same from the assured under the above mentioned provisions. these judgments, in our .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Sep-15-2008
Reported in : 2008(3)ShimLC300
..... section 29 and on their taking possession they became deemed owners. the mortgage may have come to an end, but the contract of indemnity, which was an independent contract, did not. the right to claim for the balance arose, under the contract of indemnity, only when the sale proceeds were found to be insufficient.22. sh. ajay kumar has placed reliance on clause 16 of ..... .e. that the loan transaction and the mortgage deed, are one composite transaction which was inseparable is entirely erroneous. it is settled law that a contract of indemnity and/or guarantee is an independent and separate contract from the main contract. thus the question which they required to address themselves, which unfortunately they did not, was when does the right to sue on the ..... that a suit for recovery of the balance could have been filed. merely because the corporation acted under section 29 of the financial corporation act did not mean that the contract of indemnity came to an end. section 29 merely enabled the corporation to take possession and sell the assets for recovery of the dues under the main ..... indemnity arose. in our view, there can be only one answer to this question. the right to sue on the contract of indemnity arose only after the assets were sold off. it is only at that stage that the balance due became ascertained .....Tag this Judgment!
Court : Kerala
Decided on : Mar-27-2008
Reported in : 2009ACJ326; 2008(2)KLJ225
..... person damnified should recover his loss more than once; it is, therefore, clear that if he has already recovered from a third party, their can be no liability under the contracts of indemnity; on the other hand, if he has not previously recovered from such third party, but has the right to do so, there is no reason why such third party ..... the circumstances was, that of an indemnifier. the railway company continues to be primarily liable for the damages sustained by the plaintiff and it not being a party to the contract of indemnity, cannot be absolved of its liability to pay the damages to consignor merely because the consignor had already recovered the money from the insurance company, under a ..... which he has nothing to do. the third party remains liable to the person indemnified just as if there had been on contract of indemnity. but the person indemnified can only take the sum recovered from the third party as trustee for the indemnifier and similarly, if he has not himself received any sum to ..... contract of insurance. in such a case the consignor will receive the compensation for damage suffered by him in trust for the insurance company. after the consignor receives the amount from .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-29-2008
Reported in : 2009(1)ALT320
..... terms of the document on the basis of which the electricity board has claimed the amount from the bank constitute a contract of guarantee and not a contract of indemnity. under that document the bank has undertaken to pay any amount not exceeding rs. 50,000 to the electricity board within ..... in liquidation. but the transactions viz. (1) the bank guarantee executed by the bank in favour of the electricity board, (2) the contracts of supply entered into between the electricity board and the company in liquidation and (3) the document under which the company in liquidation had given ..... that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.' for making an order under order 20, rule 11(1) the court must give sufficient reasons. the ..... serious legal infirmity involved in the case. the learned counsel also in detail had taken this court through the different provisions of the indian contract act and further placed reliance on certain decisions to substantiate his submissions. the counsel also would maintain that the liability of the surety to ..... judge, machilipatnam after hearing the parties and after recording the respective stands taken by the parties, referred to the different provisions of the indian contract act, relied on several decisions, and ultimately came to the conclusion that when a decree had been made, no distinction can be drawn in .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : May-12-2008
..... document in question is a commercial document. it does not on its face contain any ambiguity. the high court itself said that ex facie the document appears to be a contract of indemnity. surrounding circumstances are relevant for construction of a document only if any ambiguity exists therein and not otherwise. 39. the learned senior counsel for the appellant submitted that the ..... do not suffer from any ambiguity. the language of these clauses is crystal clear. an ambiguity is sought to be created by the appellant by referring to material outside the contract. 37. it is well settled that when an agreement carries no ambiguity, it is not permissible to refer to surrounding and attending circumstances leading to the agreement, to spell out ..... the original clause 4. the submission of learned senior counsel for the respondent that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to a contract and one party cannot unilaterally alter the term thereof is unassailable. 47. it appears to us that the projections ..... ., (2004) 1 scc 12 to urge that novation, rescission or alteration of a contract under section 62 of the indian contract act, 1872 can only be done with the agreement of both the parties to the contract. both the parties have to agree to substitute the original contract with the new contract or rescind or alter the same. based on this decision it was submitted .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-13-2008
Reported in : 2009(1)AWC364
..... that it is expected that the driver should be made party before the tribunal. in such judgement the supreme court has held as follows:9. ...ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed by the insured, when it meets .....Tag this Judgment!
Court : Orissa
Decided on : May-09-2008
Reported in : 2008ACJ2610
..... that a tribunal approached with a claim for compensation under the act should ignore all the basic principles of law in determining the claim for compensation. ordinarily, a contract of insurance is a contract of indemnity. when a car belonging to an owner is insured with the insurance company and is being driven by a driver employed by the insured, when it meets .....Tag this Judgment!