Court : Karnataka
Decided on : Mar-12-2009
Reported in : ILR2009KAR4111:2009(4)KCCRSN215:2009(6)AIRKarR198
..... the vehicle. for the reasons assigned above, the insurance company has to satisfy the award and thereby fulfill its obligation to the appellant herein who is the insured under the contract of indemnity.33. for the reasons stated above, that portion of the judgment of the tribunal, reserving liberty to the insurance company to recover from the appellant herein would have to ..... law on fiction. under the circumstances, the liability of the insurance company would have to be held to be co-extensive with the liability of the insurance company under the contract of indemnity viz-a-viz the transferee of the vehicle.27. in view of the pronouncements of the hon'ble supreme court under the new act with respect, i hold that ..... reported in : 2008 acj 1681 (united india insurance company limited v. m.n. ravikumar and ors.) the division bench of this court after re-iterating that the contract of insurance is a contract of indemnity and also the deeming effect under section 157 of the act where there is automatic transfer of policy along with the vehicle whether or not there is intimation ..... noted that section 157 is also in chapter xi of the act, which speaks about the insurance of motor vehicles against third party risks. further in the absence of contract of indemnity between the insurance company and the insured, the insurance company is not under an obligation to satisfy the award under which it is liable to pay compensation to third party .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-24-2009
Reported in : (2010)ILLJ257MP; 2009(4)MPHT425
..... himself, or by the conduct of any other person, is called a 'contract of indemnity'.125. rights of indemnity-holder when sued.- the promisee 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 ..... contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.9. perusal of the aforesaid goes to show that the liability of the indemnifier to ..... 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 suit;(3) all sums which he may have paid under the terms of any ..... on account of the accident resulting from the use of his motor vehicle. sections 124 and 125 of the indian contract act, 1872 may be reproduced hereinbelow for convenience:124. 'contract of indemnity' defined.- a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor ..... and ors. v. narendra kaur and ors. 2009 (2) jlj 161 (sc), the apex court has further clearly observed: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 .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-19-2009
Reported in : (2009)2GLR1348
..... driver and on that basis on the principle of vicarious liability, against the owners of such motor vehicles and the insurance companies which would step in on the basis of contract of indemnity and also on account of the statutory liability as laid down by the motor vehicles act. it is not as if that claims for compensation would lie even in ..... owner of the motor vehicle have first to be held to be responsible on the basis of tortious liability for the accident and then only insurer would come in via contract of indemnity or an account of its statutory obligation under section 95 read with section 96 of the act. consequently, even though the later part of section 110-b prior to .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-27-2009
Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121
..... of law7. motor vehicles act does not define word 'insurance' or 'insurance policy'. in common law and as per provisions of indian contract act, 1872, insurance policy is similar contract of indemnity. section 124 of contract act defines 'contract of indemnity' as '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 compromise was not contrary to the orders of the promisor; and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorised him to compromise the suit.(emphasis supplied)8. if the promisee contravenes orders of promissor and failed to act as it would have been ..... 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 authorised him to bring or defend the suit;(3) all sums which he may have paid under the terms of any compromise of any such ..... negligence in the matter of fulfilling conditions (promises) of policy of insurance regarding use of vehicle by duly licensed driver, indemnity under policy cannot be enforced against the insurer.23. a contract of insurance as pointed out supra is akin to contract of indemnity. parties to a policy of insurance are bound by mutual obligations and promises, the underlying aspect being that one party .....Tag this Judgment!
Court : Mumbai
Decided on : May-08-2009
Reported in : 2009(5)BomCR238; 2009(4)MhLj923
..... to in section 23a. 14. the first respondent was and is therefore entitled to retain the amounts in a suspense account and to treat the same as payment under the contract of indemnity only in the event of it ultimately being unable to recover the amounts from the debtor's. 15. mr. patwardhan reiterated that in the event of the first respondent ..... not even the appellant's case that the amounts had in fact been credited in the account of appellant no. 1. 9. in a contract of indemnity the indemnity holder is not bound to sue the indemnifier. the indemnity holder may sue only the debtor or only the indemnifier or both. in law there is nothing that prevents an agreement or arrangement between an ..... the first respondent is now barred from recovering the same amount over again from the appellant's and the other respondents. he submitted that the contract between the first respondent and the dicgc is a contract of indemnity and to the extent that the first respondent is reimbursed by the corporation the benefit to the extent thereof must be passed over to the ..... enforced. in particular we do not find anything that prohibits an arrangement whereby the indemnifier pays the amount due under the contract of indemnity subject to the condition or on an understanding between the indemnity holder and the indemnifier that the indemnity holder will continue to pursue its remedies against the debtor and in the event of it recovering the amounts from the debtor .....Tag this Judgment!
Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Sep-30-2009
..... foundation in my opinion of every rule which has been applied to the insurance law is that the contract of insurance contained in a fire or marine policy is a contract of indemnity and of indemnity only and that this means that the assured in the case of loss against which the policy has been ..... is to be stocked at the allotted place of port sites and from there to be transported to the cookeries at dhanbad as per the contract. but the contract was actually entered into and the terms were worked out and finalized within the jurisdiction of the state commission, as such, the objection ..... if ever a proposition is brought forward which is at variance with it, that is to say which either will prevent the assured from obtaining a full indemnity, that proposition must certainly be wrong ??. 12) referring to the english case law, mathey vs. curling 1922 (2) ac 180, it is concluded ..... whether this state commission has territorial jurisdiction to entertain the complaint as contended by the opposite party no. 3 ? 14) ex a18 is the original contract entered into between the complainant and the third opposite party for un-loading imported coaking coal at haldia for which terms they were agreed to. the ..... water sprinkling, security and supervision and transportation to the cookeries of the complainant situate at dhanbad up to a handling loss of 0.50%. the contract enures for a period of 60 days from the date of arrival of the vessel at berth. 3) the complainant had taken standard fire and special .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jan-01-2009
..... the loanee, because it is only then that the amount recoverable, under the contract of indemnity, becomes known.9. in view of the above stated position, appeal is allowed. judgment and decree of the learned single judge are ..... 7. interpreting the emphasized portion of the clause, the hon'ble supreme court held that this portion was in the nature of a contract of indemnity and it was enforceable only after the deficiency in the amount became known, upon adjustment of the sale proceeds of the mortgaged property. ..... 8. hon'ble supreme court in the aforesaid case has held that limitation for enforcement of the aforesaid kind of contract, which is in the nature of contract of indemnity, begins to run only after the mortgaged property is sold and the sale proceeds are adjusted against the liability of ..... referred to hereinabove, respondents had undertaken to indemnify the appellant for the amount remaining deficient, after sale of the hypothecated truck and this indemnity clause became operative only after the truck was sold and sale proceeds thereof were adjusted against the loan and thereafter the deficiency became known. ..... the ratio of the judgment applies to the case in hand on all fours. as already noticed clause v(2) of the hypothecation deed, ext.p2, is in the nature of a contract .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-17-2009
Reported in : 2009(3)KCCR2263:2009(6)AIRKarR193
..... 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 ..... person, whether, as a passenger or as a owner of the vehicle, is supposed to travel in the vehicle. violation of condition of the contract of insurance enables the insurer to avoid the liability. hence, the claim has been rightly dismissed against the insurance company.22. reliance placed by the ..... 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 ..... house to the plaintiff, but subsequently resiled from the agreement and sold the same to third parties, who had purchased it with the notice of contract. after noticing the pleadings of the parties, it was held as follows:.but when the alternative case, which the plaintiff could have made, ..... that her sister's son saleel ahmed having sustained fatal injuries m the accident died, at the spot.12. no documentary proof to establish the contract of employment between the appellant and deceased saleel ahmed was produced. no independent witness was examined. driver of the lorry, who is none other .....Tag this Judgment!
Court : Kerala
Decided on : Dec-21-2009
Reported in : 2010(1)KLT379
..... court in delta foundations and constructions's case (supra) distinguished the decision of punjab high court in eastern traders (i) ltd.'s case (supra) holding that it involved a contract of indemnity coming under section 24 of the old act (corresponding to section 23 of the act). the division bench held that for suits for compensation for breach of ..... of course in a case where there is successive breach every such breach gives the plaintiff a cause of action. the term 'continuing breach' is intended to apply to contracts obliging one of the parties to adopt some given course of action during the continuance of the contractual obligation. but a continuing breach or wrong is different from a continuing ..... in this case do not prescribe so. indisputably tender submitted by the respondents was accepted by the appellant and acceptance was intimated to the respondents. that created a concluded contract.4. to answer the contentions regarding limitation it is necessary to advert to the relevant provisions in the act. article 55 of the act reads,--------------------------------------------------------------------------------description of suit period ..... contract as in the present case it is article 55 of the act (and not article 113) applied and the starting point of limitation is when the contract is broken. the decision in s .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-25-2009
Reported in : AIR2009Bom185; 2009(6)BomCR385
..... its responsibility. at most it will be in a position to recover the amount, if paid, from the transport contractor.21. moreover, defendant no. 1 has also entered into contract of indemnity as per exh.68. at exh.73 there is a certificate of registration issued by the r.t.o.,pune, which shows that trailer described as h.m.v. bearing ..... thereof shall be recoverable from the contractor. so, it cannot be said that the plaintiffboard has not taken necessary precautions and it was at fault and it committed breach of contract of insurance. moreover, insurance is taken of such commodity during transport, so as to save the board from possible losses. so, merely because the contractor was negligent, defendant no. ..... in schedule - a, which is given exh.67a. particularly paras 4,5,8,9,11 & 12 clearly indicate that necessary conditions were placed by the plaintiffboard while entering into contract with defendant no. 1 salunke as transport contractor. as per para 4 the contractor was to produce documentary evidence before transport authority showing that his trailer is of adequate capacity ..... salunke, respondent no. 1 in first appeal no. 370 of 1993 and respondent no. 2 in first appeal no. 442 of 1993, who was original defendant no. 1 had undertaken contract of transporting the transformer from nandgaon railway station to substation at aurangabad. the maharashtra state electricity board (hereinafter referred to as 'plaintiffboard') insured the operation of unloading transformer and transporting .....Tag this Judgment!