Court : Supreme Court of India
Decided on : Feb-17-2010
Reported in : JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)
..... to maintain a suit in his own name against third parties.14. subrogation, as an equitable assignment, is inherent, incidental and collateral to a contract of indemnity, which occurs automatically, when the insurer settles the claim under the policy, by reimbursing the entire loss suffered by the assured. it need not ..... high court in vasudeva mudaliar v. caledonian insurance co. air 1965 mad. 159 thus: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. the ..... transferred to and vested in the insurer. the equitable assignment of the rights and remedies of the assured in favour of the insurer, implied in a contract of indemnity, known as 'subrogation', is based on two basic principles of equity: (a) no tort-feasor should escape liability for his wrong; (b) ..... , could file a complaint under the act, even after the insurer had settled its claim in regard to the loss.11. a contract of insurance is a contract of indemnity. the loss/damage to the goods covered by a policy of insurance, may be caused either due to an act for which the ..... no dispute that the doctrine of subrogation in insurance rests upon the common intention of the parties and gives effect to the principle of indemnity embodied in the contract. furthermore, your lordships drew attention to the fact that it is customary for the assured, on payment of the loss, to provide .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-28-2010
..... be read strictly and narrowly. as far as this submission is concerned, one has to note that as per section 124 of the indian contract act, a contract of indemnity is one under which one party promises to save the other from loss caused to him by the conduct of the promisor or any other ..... person. thus in the present case, under clause 5.10.5 of the general conditions of contract, the appellant has given the indemnity to the respondent against all losses that the respondent may suffer out of the negligence of appellant or their sub-contractor. clause 17. ..... approach should be adopted while examining the scope and application of clause 17.3. the respondent submitted that this clause was in the nature of an indemnity and that it must be construed strictly and narrowly. this view is also accepted by the division bench. the division bench observed as follows:"the ..... ) harmless against all losses and claims, including such claims arising out of the negligence of the contractor or its subcontractors, and the particulars of this indemnity are specified in this clause.15. clause 5.11.3. lays down that the contractor shall observe and comply with and shall ensure that all his ..... to extra cost arising on account of change of law. it cannot be compared with indemnity for loss due to conduct of the promisor or of a third party.30. mr. tankha submitted that clauses in the contract have to be given a literal interpretation. he relied upon the judgments of this court .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-29-2010
..... insurance company and the insurance policy is for reimbursement of the liability as the liability came to be fixed but not by way of a contract of indemnity. therefore, we do not find any such jurisdictional error committed in this case by the court below a the rights of the parties are yet ..... the insurance policy appears to be one for reimbursement of the liability as the liability comes to be fixed but not by way of a contract of indemnity. this point itself cuts at the root of the claim of the opposite parties to bring in the insurance company in the array of parties ..... rs. 12,37,500 in terms of the policy on account of the liability of the hospital as the case is fully covered under the indemnity clause. the commission then considered the question as to how the amount of compensation should be disbursed for being spent for the welfare of the ..... case, the oriental insurance company limited gave terms for medical establishment, professional negligence errors and omissions insurance policy, wherein under the heading "indemnity" it is clearly mentioned that the indemnity applies only to claims arising out of bodily injury and/or death of any patient caused by or alleged to have been caused ..... fides i.e., good faith on the part of the insured. except that, in other respects, there is no difference between a contract of insurance and any other contract. the four essentials of a contract of insurance are: (i) the definition of the risk, (ii) the duration of the risk, (iii) the premium, and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-06-2010
..... . even with in that limit, however, he cannot recover more than what he establishes to be the actual amount of his loss. the contract being one of indemnity only, he can recover the actual amount of his loss and no more, whatever may have been his estimate of what his loss would be likely to be, and ..... or in part so as to call any repair or replacement of the said machine.19. contracts of insurance are generally in the nature of contracts of indemnity. except in the case of contracts of life insurance, personal accident and sickness or contracts of contingency insurance, all other contracts of insurance entitle the assured for the reimbursement of actual loss that is proved to have been ..... stipulated in the policy; the event must, in fact, result in a pecuniary loss to the assured, who then becomes entitled to be indemnified subject to the limitations of his contract. he cannot recover more than the sum insured for that sum is all that he has stipulated for by his premiums and it fixes the maximum liability of the insurers ..... is only upon proof of the actual loss, that the assured can claim reimbursement of the loss to the extent it is established, not exceeding the amount stipulated in the contract of insurance which signifies the outer limit of the insurance company's liability. the amount mentioned in the policy does not signify that the insurance company guarantees payment of the .....Tag this Judgment!
Court : Orissa
Decided on : Feb-02-2010
Reported in : 2010(I)OLR795
..... favour, the learned tribunal rightly held that insurance company is not liable to pay compensation on account of accident involving the offending vehicle. it was argued that contract of indemnity between the insurance company and insurer-owner came to an end with his death on 18.3.1997. it was further contended that as the claim application was ..... . section 156 of the m.v. act reads:156. effect of certificate of insurance.- when an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then:(a) if and so long as the policy described in the certificate has not been issued by the ..... 5. the aforesaid provision shows that it was intended to cover two legal objectives. firstly, that no one who was not a party to a contract would bring an action on a contract; and secondly, that a person who has no interest in the subject matter of an insurance can claim the benefit of an insurance. thus, ..... there are two third parties when a vehicle is transferred by the owner to a purchaser. the purchaser is one of the third parties to the contract and other third party is for whose benefit the vehicle was insured. so far, the transferee who is the third party in the ..... contract, cannot get any personal benefit under the policy unless there is a compliance of the provisions of the act. however, so far as third party injured .....Tag this Judgment!
Court : Orissa
Decided on : Feb-02-2010
..... favor, the learned tribunal rightly held that insurance company is not liable to pay compensation on account of accident involving the offending vehicle. it was argued that contract of indemnity between the insurance company and insurer-owner came to an end with his death on 18.3.1997. it was further contended that as the claim application ..... 16. section 156 of the m.v. act reads:-"156. effect of certificate of insurance.- when an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then- (a) if and so long as the policy described in the certificate has not been issued by ..... ."5. the aforesaid provision shows that it was intended to cover two legal objectives. firstly, that no one who was not a party to a contract would bring an action on a contract ; and secondly, that a person who has no interest in the subject matter of an insurance can claim the benefit of an insurance. thus, ..... there are two third parties when a vehicle is transferred by the owner to a purchaser. the purchaser is one of the third parties to the contract and other third party is for whose benefit the vehicle was insured. so far, the transferee who is the third party in the ..... contract, cannot get any personal benefit under the policy unless there is a compliance of the provisions of the act. however, so far as third party injured .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-27-2010
..... claim application filed under section 163a of the said act which is special provision with overriding effect (beginning with nonobstante clause)7. it is wellsettled by now that insurance contract is a contract of indemnity. section 147 of the said act requires owners of the motor vehicle to obtain insurance in relation to third parties. section 149 of the act imposed duty upon ..... to have a right to defend the claim if there is breach of any condition of the insurance policy. in case it is established that there was breach of insurance contract by owner of the vehicle then insurer may escape liability to pay compensation when exception under section 149 of the act are attracted. to provide a speedy, expeditious remedy for .....Tag this Judgment!
Court : UK Supreme Court
Decided on : May-05-2010
..... the pursuer and the party from whom a contribution is sought which provides that party with a defence to the pursuer's claim or entitles him to an indemnity from the pursuer under the contract. difficulty has however been caused by lord president emslie's observation in singer v gray tool co (europe) ltd 1984 slt 149, 150, that section 3(2 ..... from or liabilities towards asco itself. again, that makes no sense of the language. 59) the language therefore operates as a series of indemnities against third party exposure combined with exclusions of direct exposure to the other contracting party. this is both what the heading of clause 33 and what common commercial sense would lead one to expect under a scheme clearly ..... . 33.7 immediately on execution of the charter, and prior to commencement of services, the owner undertakes to exchange mutual hold harmless indemnities in respect of property and personnel with the owner of any offshore installation providing services under contract to any customer and to which the vessel may be ordered by the charterer. 33.8 without prejudice to the provisions of ..... intended to divide risk between the contracting parties. it is unnecessary to consider the position on the unreal hypothesis that clause 33.5 operates as a pure indemnity, enabling farstad to make any claims or demands and to assert any liability it liked as against asco in respect .....Tag this Judgment!
Court : Delhi
Decided on : May-31-2010
..... lien in respect of sums as claimed and 18a - lien in respect of claims in other contractors.l. clause 20 laws governing the contract.m. clause 21 indemnity.n. clause 22 corrupt practices.o. clause 23 insolvency and breach of contract.p. clause 24 arbitration.16. having heard the parties, i am of the opinion that this court would have to determine as ..... . in rejoinder, mr. khorana submits that even though special conditions incorporated in the supply order were applicable, many other conditions were also applicable by virtue of incorporation of the rate contract. some of the terms and conditions which were applicable between the parties, even though according to mr. khorana they had not been specifically mentioned in the supply order, are as ..... that document, of the terms and conditions relating thereto....11. mr. chandhiok further submits that if the intention of the parties was to incorporate the terms and conditions of rate contract, then they would have specifically provided so in the supply order. in this context, he refers to another supply order issued by the respondent for supply of compartment tray wherein ..... to whether the intention of the parties was to incorporate the terms of the rate contract in the contract executed between the parties.17. keeping all .....Tag this Judgment!
Court : Delhi
Decided on : Sep-14-2010
..... 27 of gcc, section iv).(i) functional guarantee (clause 28 of gcc, section iv).(j) patent indemnity (clause 29 of gcc, section iv).(k) limitation of liability (clause 30 of gcc, section iv).(l) price adjustment (appendix-2 to form of contract agreement, section-vii)(m) phased manufacturing programme (clause 20 of gcc, section v).21.4) the ..... qualification23.1) the employer will ascertain to its satisfaction whether bidders determined as having submitted responsive stage- i (techno-commercial) bids are qualified to satisfactorily perform the contract.23.2) the determination will take into account the bidders financial, technical and production capabilities and past performance. it will be based upon an examination of the documentary ..... the product supplied by the qualified steam turbine manufacturer or/and the qualified generator manufacturer.5. subject to the forgoing article 4, in case of any breach of the contracts resulting solely & exclusively from the engineering and supply of stg and integral auxiliaries, committed by the contractor , we the qualified steam turbine generator manufacturer, jv company and ..... to be supplied by the bidder/ contractor to be finalized before notification of award). this is without prejudice to any right of employer against the contractor under the contract and all guarantees.8. without prejudice to the joint and several obligations of the contractor, the qualified steam turbine generator manufacturer, jv company and the qualified generator manufacturer .....Tag this Judgment!